C O M M O N O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Government Advocate appearing for the official respondents and the learned counsel appearing for the fifth respondent.

2. The petitioner had questioned the proceedings of the District Revenue Officer, Sivagangai, with regard to sharing of water from Nelmudikarai Kanmoi. During the pendency of the writ petition, a fresh proceeding has been issued by the Government. Nothing survives for further consideration. This writ petition stands disposed of as infructuous. No costs.

Consequently, connected miscellaneous petition is closed.

ii) W.P.(MD)no.1352 of 2016

3. This writ petition has been originally filed for implementing the proceedings dated 30.10.2008 issued by the District Revenue Officer, Sivagangai. During the pendency of the writ petition, the District Collector issued fresh proceedings dated 18.11.2022. The villagers of Nainarpettai felt that it was adverse to their interest. Hence, the prayer of the writ petition was modified.

4. When the matter was taken up for hearing on

11.09.2023, the following order was passed:- “ Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader for the official respondents and the learned counsel for the fifth respondent.

2. The learned Additional Advocate General states that the Engineer-in-Chief will personally inspect the irrigation system in question today itself. He is called upon to convene the meeting of all the stake holders at 04.00 pm., today itself. The meeting will be convened at Nelmudikarai Village itself. During the said meeting, the representatives of Nelmudikarai Village, Nainarpettai Village, Kaliyandoor Village, Karisalvaikkal Ayacutdhar, Mettuvaikkal Ayacutdhar & Mavadipacheri Ayacutdhar can be present. The counsel representing the stakeholders are present in person before this Court. They are requested to intimate the respective villagers right now. The stakeholders apart from making oral submission can also give their representations in writing to the Engineer- in-Chief. He shall submit his report to the Government within one week. The Government shall pass order on or before 25.09.2023. The order to be passed by the Government shall be served by the Additional Government Pleader to the learned counsel appearing for the stakeholders.

3. Call this case on 27.09.2023. ”

5. I am happy to record that thanks to the learned Additional Advocate General the direction given by this Court has been complied with in letter and spirit. The inspection was conducted by the Engineer-in-Chief himself and all the stakeholders were heard. Thereafter, a revised water sharing arrangement had been arrived at. A copy of the same has been produced before me. The Government had accepted the report of the Engineer-in-Chief and Chief Engineer (General), Water Resources Department, Chennai and issued the communication bearing letter (Ms)No.70/S2/2023 dated 26.09.2023. The operative portion of the communication reads as follows:-

“ 2. After detailed examination, the Government have decided to accept the views of the Engineer-in-Chief and Chief Engineer(General), Water Resources Department, Chennai and arrived following conclusions:-

1) The total ayacut of 4th sluice is 1323.75 acre. There are two vent 0.90 m x 0.35 m which is adequate to feed 399.03 acres and 1.60m x 0.35m with crest level of +106 710m is not adequate to feed ayacut area of 4 channels 942.72 acre. Hence additional vent of size 0.50 m x 0.35 m is required for the Nainarpettai channel ayacut of 221.48 acres.

2) Now vent of size 0.50 m x 0.35 m shall be provided separately for Nainarpettai channel in the rear cistern of tank sluice 4 at rear end wall of cistern (East side).

3) A new dividing wall shall be provided to separate Nainarpettai channel and other three channels namely Karisal Vaikkal, Mettu Vai