IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH

W.P.No.35761 of 2019

Parambikulam Aliyar Irrigation Project

Water Users Association

Represented by its President

Vickram Muthu Rathina Sabari,

Ramachandrapuram,

Chinnappanpalayam Post,

Pollachi.

...Petitioner

Vs

1.The Coimbatore District Collector,

State Bank Road,

Beside Police Office,

Gopalapuram,

Coimbatore-641 018.

2.Superintending Engineer, W.R.O.,

Public Works Department,

Parambikulam Aliyar Basin Circle,

PAP Campus, Makkinakkenpati Post,

Pollachi – 642 003.

3.Executive Engineer, W.R.O.

Public Works Department,

Parambikulam Division,

Parambikulam.

4.The Principal Secretary,

Public Works Department,

Secretariat, Chennai-600 009.

5.The Chief of Engineer, W.R.O.

Public Works Department,

Pollachi Region,

Town Hall, Coimbatore – 641 001.

https://hcservices.ecourts.gov.in/hcservices/

6.The Joint Chief Engineer (IRRIGATION),

Engineer in Chief, W.R.O. P.W.D.,

Chepauk, Chennai-600 005.

...Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India, to issue a Writ of Mandamus, directing

the Respondents to release quantity of water as per G.O.

obtained yearly according to the availability of water in

accordance with the High Level Committee's report submitted in

2000 for Vettaikaranpudur canal which has 5558.41 acres in A

zone and 5623.07 acres in B zone once in two years in a span of

4½ months without any interruption.

For Petitioner : Ms.Prerna Khatri

for Mr.A.K.Mylsamy

For Respondents : Mr.Silambannan,

Additional Advocate General

assisted by Mr.D.Gopal

Government Advocate

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

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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