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IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
B. PUGALENDHI, J.
Wins Anto and Ors. - Petitioners
Versus
The Government of Tamil Nadu, Rep. by its Chief Secretary and Ors. - Respondents
WP(MD)No.10717 of 2016 and WMP(MD)No.8305 of 2016
Decided On : 28-04-2023
Tamil Nadu Farmers Management Irrigation System Act - Government Order - Section 42 of the Act - Summary of Acts and Sections: The court discussed the impugned Government Order in G.O.Ms.No.82, PW(W2) Department, dated 03.03.2016, which appointed officers to exercise the powers and functions of the Water Users Association and the Managing Committee. The court referred to Section 42 of the Tamil Nadu Farmers Management Irrigation System Act, 2000 and highlighted the provisions of Section 5, Section 19, and Rule 15 of the Act and Rules. The court emphasized the statutory mandate for conducting elections and filling up vacancies in the managing committees of Water Users Associations.
Fact of the Case:
The petitioners, who are elected Presidents of Water Users Associations, filed a writ petition to quash the Government Order in G.O.Ms.No.82, PW(W2) Department, dated 03.03.2016, which appointed officers to exercise the powers and functions of the Water Users Association and the Managing Committee. The petitioners argued that the impugned Government Order was against the principles enshrined in the Act and defeated the very object of the Act.
Finding of the Court:
The court found that the impugned Government Order was passed without recording reasons as required under the Act, and it allowed officers to continue functioning without conducting elections for the past seven years, which was against the objective of the legislation. The court also highlighted the statutory mandate for conducting elections and filling up vacancies in the managing committees of Water Users Associations.
Issues: The issues involved in the case included the validity of the impugned Government Order, the statutory mandate for conducting elections and filling up vacancies in the managing committees of Water Users Associations, and the involvement of the Government in water management.
Ratio Decidendi: The court held that the impugned Government Order in G.O.Ms.No.82, PW(W2) Department, dated 03.03.2016, was quashed and declared null and void. The court emphasized the statutory mandate for conducting elections and filling up vacancies in the managing committees of Water Users Associations, and the involvement of the Government in water management.
Final Decision: The writ petition was allowed, and the impugned Government Order in G.O.Ms.No.82, PW(W2) Department, dated 03.03.2016, was quashed and declared null and void. The court also issued directions for the audit of the accounts handled by the officials in discharge of their functions as the Farmers Organizations and for making necessary recommendations for further action against the concerned officials if any discrepancies are found in the accounts.
ORDER :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records relating to the proceedings of the impugned G.O.Ms.No.82, Public Works (W2) Department, dated 03.03.2016 on the file of the 1st respondent and the consequent letters respectively dated 08.06.2016, 06.06.2016, 05.05.2016, 05.05.2016, 05.05.2016, 04.05.2016, 05.05.2016 and 08.06.2016 of the respondents 4 to 11 and quash the same.)
The petitioners are Agriculturists and they are also the respective elected Presidents of Water Users Association at Kanyakumari and Tirunelveli Districts. All these petitioners/Presidents of Water Users Associations joined together and filed this writ petition to quash the Government Order in G.O.Ms.No.82, PW(W2) Department, dated 03.03.2016.
2. The Government vide this Government Order in G.O.Ms.No.82, PW(W2) Department, dated 03.03.2016, appointed the Assistant Engineer/Junior Engineer of the Water Resource Department of Public Works Department to exercise the powers and functions of the Water Users Association and the Managing Committee, till such time the Water Users Association is duly reconstituted and the Managing Committee assumes office. In the same Government Order, the Executive Engineers of Water Resource Department of Public Works Department are appointed with the power to exercise and perform the functions of the Distribution Committee, till the new Committees are reconstituted and the Superintendent Engineers of Water Resource Department of Public Works Department are appointed to perform the functions of the Project Committee and the Managing Committee till the Project Committees are duly reconstituted.
3. This Government Order is passed as per Section 42 of the Tamil Nadu Farmers Management Irrigation System Act, 2000 (Act 7 of 2001) (hereinafter referred to as 'the Act'). This Act has been enacted in the year 2000 with an object for equal distribution of water and for the efficient utilization of water and for adequate maintenance of irrigation system by the Farmers themselves with a sense of ownership to the irrigation system. By the impugned Government Order, the elected Farmers system were replaced with the Executives. Aggrieved over the same, the elected Presidents of the respective Water Users Associations joined together and have filed this writ petition to quash the impugned Government Order.
4. Learned Counsel appearing for the petitioners submitted that the impugned Government Order is against the principles enshrined in the Act and it defeats the very object of the Act. The Act was enacted to create a democratic setup in the distribution of water by involving the Farmers in the irrigation of water and to instill a sense of ownership in the minds of the Farmers over the irrigation system. The Water Users Associations are constituted only as a voluntary body, without any personal benefits to its members. Dehors the same, the Government has passed the impugned Government Order taking away the rights of the Farmers, who are the real beneficiaries of the irrigation tanks.
5. He further submitted that the impugned Government Order is passed on the powers conferred upon the Government u/s.42 of the Act. Section 42 of the Act enables the Government to administer such functions of the Water Users Associations only for a limited period till such time the Water Users Associations are constituted, after the enactment of the Act. The Water Users Associations were already constituted and are functioning since 2004, without any complaints whatsoever. While so, without any reasons, the respondents have issued the impugned Government Order in order to usurp the funds allotted to the Water Users Associations.
6. By relying upon Section 38 of the Act, the learned Counsel submitted that every Water Users Associations are provided with sufficient amount for the maintenance works of the water tanks and also expected to maintain public records for the recei
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