ORDER

(1) The petitioners challenge the order cancelling the permission granted to them to lay pipelines to take water from their land at S.No.2B3 of S.Iyampalayam Village, Sulur Taluk, Coimbatore to his land in S.No.25/1C of Kammalapatti Village, Sulur Taluk.

(2) The permission was granted by the proceedings of the Executive Engineer, WRD on 16.12.2013 subject to conditions. En-route the pipeline crosses the Parambikulam-Aliyar main channel. The permission was cancelled by the impugned proceedings on the ground that the petitioners had purchased certain lands in S.NO.133/1B1 in the year 2015 along with an open well situate in the said land. It is also claimed that the petitioners had made a side bore well connecting the Parambikulam-Aliyar main channel to the well in S.NO.133/1B1 which is within the prescribed distance of

200meters from the Parambikulam-Aliyar main channel.

(3) Though the learned counsel for the petitioners would vehemently contend that the petitioners do not own any land in S.No.133/1B1, the records produced by the Department reveal that the petitioners have purchased 15 cents of land in S.NO.133/1B1 along with a well and the pump set. It is also the contention of the Department that the petitioners have connected the pipeline laid by them under the permission granted in the year 2013 with an unauthorised pipeline from the well in S.No.133/1B1 which is within the prohibited distance. Since these actions of the petitioners amounted to violation of conditions prescribed in the order granting permission and the relevant Government Orders that are in force, the authorities, after issuing a show cause notice to the petitioners, cancelled the permission.

(4) Since there was some dispute regarding the lie of the lands, I had required the authorities to produce the records.

(5) On production of the records, it is seen that the land in S.NO.133/1B1 is in fact, situate within the prohibited distance [200m] from the Parambikulam-Aliyar main channel and the petitioners had, in fact attempted to connect the Parambikulam- Aliyar main channel to the well in S.NO.133/1B1 by laying a side bore. A police complaint has also been lodged against the petitioners based on the Reports of the Village Administrative Officer and other revenue officials in charge. The above facts would demonstrate that the petitioners had in fact, violated the conditions under which the permission was granted to them and have indulged in exploitation of natural resources contrary to law. Hence, the authorities are justified in cancelling the permission. I do not see any reason to interfere with the action of the authorities.

(6) Hence, the writ petition fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

01.09.2022 AP Internet : Yes To

1.The Superintending Engineer Public Works Department Water Resources Organization Aliyar Basin Division Pollachi, Coimbatore District.

2.The Executive Engineer, Public Works Department Water Resources Organization Aliyar Basin Division Pollachi, Coimbatore District.

3.The Assistant Executive Engineer, Public Works Department Water Resources Organization Aliyar Basin Division Pollachi, Coimbatore District.

R.SUBRAMANIAN, J.

AP

01.09.2022