IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.32335 of 2013 and M.P.No.2 of 2013 and 1 of 2014 Ozone Care Public Welfare Association, Regd.No.162/2010 Rep by its President, M.S.Gnana Janarthan ... Petitioner Vs.

1.The Secretary to Government, Public Works (W1) Department, Fort St.George, Chennai – 600 009.

2.The Secretary to Government, Revenue Department, Fort St.George, Chennai – 600 009.

3.The Secretary to Government, Agriculture Department, Fort St.George, Chennai – 600 009.

4.The District Collector, Coimbatore District, Coimbatore – 18.

5.The District Collector, Tiruppur District, Tiruppur – 641 604.

6.The Principal Chief Engineer, Public Works Department (W.R.O), Chepauk, Chennai – 600 005.

7.The Chief Engineer, Public Works Department, Water Resource Department, Coimbatore Region, Town Hall, Coimbatore – 1.

8.The Superintending Engineer, Public Works Department, Water Resource Department, Parambikulam – Aliyar Basin Circle, Pollachi – 3.

9.The Executive Engineer, Public Works Department, Water Resource Department, Aliyar Basin Division, Parambikulam – Aliyar Project, Pollachi -3.

10.The Chief General Manager, NABARD, No.48, Mahatma Gandhi Road, Nungambakkam, Chennai – 34. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned G.O. passed by the first respondent in G.O.Ms.No.28, Public Works (W1) Department, dated 19.03.2013 and quash the same and consequently direct the respondents to include the petitioner association members land in the PAP scheme as ayacut lands.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.D.Ravichander, Special Government Pleader

O R D E R

The petitioner has filed this petition for issuance of Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned G.O. passed by the first respondent in G.O.Ms.No.28, Public Works (W1) Department, dated 19.03.2013 and quash the same and consequently direct the respondents to include the petitioner association members land in the PAP scheme as Ayacut lands.

2. The case of the petitioner is that the petitioner is an association called Ozone Care Public Welfare, represented by its President. The said association was established with object to approach the Central and State Governments, seeking for declaration and establishment of special agricultural zones in all possible source bound localities, agricultural development and irrigation projects. The lands of the petitioner association members are situated in the catchment area of Parambikulam - Aliyar Project. When the Parambikulam - Aliyar Project was implemented in the year 1967, the land comprising of 2.50 lakhs of acres from 37 Revenue Villages in Pollachi North Union, Polachi Taluk were included as Ayacut lands under the said project and subsequently, 1.05 lakhs of acres and another 60,000 acres were included as Ayacut lands. So far, the total extent of Ayacut lands for the said project comes around 4.21 lakhs of acres. Unfortunately, the villages of the petitioner association members viz., Servaikaranpalayam, Puravipalayam, Vadakkipalayam, Sulakkal, Mettupalayam and Devarayapuram were not included in the Ayacut lands. For the past 45 years, the aforesaid villagers are not able to get water for irrigation from the above said project. Hence, the members of the petitioner association made a representation dated 03.10.2012 before the respondents to include their non Ayacut lands in the Ayacut lands of Parambikulam – Aliyar Project. However, no orders were passed. Hence, the petitioner filed a writ petition before this Court in W.P.No.5887 of 2013 for Mandamus and this Court by its order dated 03.10.2012, directed the respondents thereoin to consider the petitioner's association lands as Ayacuts and pass appropriate orders. However, without complying the above said order,