IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction )

Wednesday, the Third day of March Two Thousand Twenty One

PRESENT

THE HON`BLE MR JUSTICE ABDUL QUDDHOSE

WP.No.4881 of 2021

and WMP.No.5493 of 2021

1 P.NAMACHIVAYAM [ PETITIONERS IN BOTH THE

PETITIONS ]

2 R.PALANISAMY GOUNDER,

Vs

1 THE SUB COLLECTOR [ RESPONDENTS IN BOTH THE

POLLACHI REVENUE DIVISIONAL /

PETITIONS ]

EXECUTIVE MAGISTRATE,

POLLACHI, COIMBATORE DISTRICT.

2 THE TAHSILDAR

POLLACHI TALUK, POLLACHI,

COIMBATORE DISTRICT.

3 THE EXECUTIVE ENGINEER,

WATER RESOURCES DEPARTMENT,

PUBLIC WORKS DEPARTMENT,

ALIYAR BASIN DIVISION,

PARAMBIKULAM ALIYAR PROJECT,

MAKKINAMPATTI, POLLACHI COIMBATORE DISTRICT

4 S.JAYAPRAKASH

Writ Petition filed under article 226 of the Constitution of

India praying for issue a writ of certiorari

(i) calling for the entire records relating to the impugned

order passed by the 1st respondent in his proceedings

Na.Ka.No.704/2019/A2, dated 23.01.2021 and quash the same (in

WP.No.4881/2021)and

(ii)to grant an order of Interim Stay, staying all further

proceedings of the impugned order passed by the 1st respondent in

his proceedings Na.Ka.No.704/2019/A2, dated 23.01.2021 (in

WMP.No.5493/2021) pending disposal of the above WP.No.4881/2021.

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

Order : This petition coming on this day for hearing upon

perusing the petition and the affidavit filed in support thereof

and upon hearing the arguments of M/S.C.PRAKASAM, Advocate for the

petitioner in both the petitions and of MR.V.SHANMUGA SUNDAR

Special Government Pleader for the respondents 1 and 2 in both the

petitions and of MR.M.LOGANATHAN, Additional Government Pleader for

the third respondent in both the petitions the court made the

following order:-

Mr.V.Shanmuga Sundar learned Special Government Pleader

accepts notice on behalf of the respondents 1 and 2 and

Mr.M.Loganathan, learned Additional Government Pleader accepts

notice on behalf of the third respondent. Notice to the fourth

respondent returnable by 09.04.2021. Private notice is also

permitted.

2. The case of the petitioners is that they have been

prevented from getting water from the Field Channel (Sub Canal)

which is going through the fourth respondent land, despite the fact

that they have been permitted to get water through the said channel

for the last 32 years with the permission of the authorities

concerned. It is also the case of the petitioners that by order

dated 22.05.2019 in W.P.No.14788 of 2019, the Tahsildar, Pollachi

Taluk, in his proceedings dated 30.04.2019 has categorically stated

that the fourth respondent in this writ petition should not

interfere with the flow of water to the land cultivated by the

first petitioner in S.Nos.71/A2, 71/B to an extent of 2.20 acres

and the second petitioner in S.No.72/2A to an extent of 0.75 acre.

The following orders have been passed by this Court on 22.05.2019

in the above referred writ petition:

“Taking into consideration the limited scope of

the writ petition and also taking note of the order

passed by the Executive Magistrate/Tahsildar, Pollachi

Taluk dated 30.04.2019, wherein he has categorically

stated that the 5^th respondent is interfering with the

flow of water to the land cultivated by the first

petitioner in S.Nos.71/A2, 71/B to an extent of 2.20

acres and the second petitioner in S.No.72/2A to an

extent of 0.75 acre which is an offence under Rule 25

Section 7(2) of Tamil Nadu Irrigation Works

(Construction of Field Bothies) Act, 1959 and

accordingly, there shall be a direction to the

respondents 1 to 4 to take appropriate action against

the 5^th respondent, who is admittedly disobeying the

order passed by the first respondent dated 30.04.2019.

further, the res