O R D E R

The petitioner, Parambikulam Aliyar Irrigation Project Water Users Association has filed this writ petition seeking a mandamus directing the respondents, the District Collector of Coimbatore/R1 and various officials of the Public Works Department/R2 to R6, to release water in accordance with the report of the High Level Committee submitted in 2000 for Vettaikaranpudur Canal. 2.Heard Ms.Prerna Khatri, learned counsel for the petitioner and Mr.Silambannan, learned Additional Advocate General for Mr.D.Gopal, learned Government Advocate for the respondents.

3. The petitioner association comprises agriculturists whose lands are irrigated by the Vettaikaranpudur canal and its distributaries. G.O.Ms.No.82 PW, dated 03.03.2016 had appointed a competent authority to take over charge of the Farmers Organizations and execute the powers and functions under the Tamil Nadu Farmers Management Irrigation Systems Act.

4. A High Level Committee had been constituted by the Government, to study the pattern of irrigation and arrive at an appropriate methodology of irrigation under the Parambikulam main canal. The petitioner association had been constituted with the avowed object of protecting the interests of the farmers and ensure proper implementation of the committee’s report.

5. At the outset, an objection is raised as to the maintainability of the present writ petition seeing as only a minimum number of farmers, 10 to be exact, have approached this Court, whereas the majority of the farmers, in the region of 2370 (approx.), rest content with the supply of water as on date. However in the nature of the order ultimately passed, this objection is not seriously persued.

6. The petitioner submits that report of the High Level Committee has not been followed and draws attention to the findings under Chapter-V thereof, that read as follows:

'CHAPTER – V ANALYSIS OF THE TECHNICAL FEASIBILITY OF THE NEW PROPOSAL

1.The views expressed by the farmers at the meetings held at Pongalur, Udumalaipettai and Pollachi, the discussions had with the officers in charge of water regulation in PAP system the suggestions obtained from a few erstwhile operators of the System and the deliberations in the five meetings of the High Level Committee as outlined in Chapter-IV have brought out the following in focus.

2.1.The total ayacut under the PAP in the Aliyar and Palar Basins including the extended ayacut under the Parambikulam Main Canal is as follows:-

1.ALIYAR BASIN:-

(Ayacut in acres)

1.Aliyar Feeder Canal : 4,665 1.a. Sethumadai Canal : 5,044

2.Vettaikaranpudur Canal : 11,181

3.Pollachi Canal : 23,488 ............

Basin Total : 44,378 ............

II.PALAR BASIN:-

4.Parambikulam Main Canal : 3,74,675

5.High Level Canal : 2,477 ...............

Basin Total : 3,77,15 ...............

Grand Total : 4,21,53 ..............

3.2. The ayacut under the Aliyar feeder canal and the Sethumadai canal lies in widely separated areas on the two flanks of the Vagariar stream. In view of this, the ayacutdars under these two canals have requested for treating these two canals as two independent units and to divide the ayacut under each of these two canals into two zones 'A' and 'B' and group them in such a manner that the criterion of alternate sluice irrigation is met in each canal and irrigation has to be effected for one zone in a year, viz., either 'A'

or 'B' for one spell of 4½ months.'

7.Per contra, respondents submit that if this report were to be implemented as suggested by the committee, there would be no equitable distribution of water insofar as the present lands lie towards the end of the canals and will not receive any water at all. This is since the supply of water is only in alternate years and for a period of 4½ months per year, that too, on alternate days.

8. Respondents circulat a graphic representation of the area to illustrate that the distribution of water is, in fact, in the best interest of the farmers. The route taken for the fourth distributory of the Vettaikaranpudur ca