Individual wells are situated in their patta lands nearby Bhavani river and in order to irrigate the entire extent of their lands, the members of the petitioner association had submitted applications to the Chief Engineer (Irrigation) of the Public Works Department, Coimbatore, seeking track permit to lay underground pipelines through Government poromboke lands for taking water from their wells. After obtaining inspection report from the Executive Engineer, the Chief Engineer (Irrigation) issued track permits vide proceedings in Ni. Mu. 53252/88/A6 dated 08.06.1988. Such permits were being granted to other people also. According to the petitioner, while granting the track permit certain conditions were imposed by the Chief Engineer. One of the conditions is that the members of the petitioner association being the grantee shall pay the Governement a sum of Rs.325/- as track rent along with the first kist of every year. Accordingly, pipe lines were laid by the members of the petitioner association at the cost of about Rs.5,00,000/- to Rs. 15,00,000/- depending upon the length of the pipeline, by borrowing huge loans from the nationalised banks. Since the year 1998, the members of the petitioner association have been paying the track rent, water cess and kist periodically. Since the wells are situated near the Bhavani River, the possibility of percolation of river water into the wells is very much likely and hecen, the Chief Engineer of the P.W.D. Department, in the track permit itself, had directed the members of the petitioner association to pay water cess for the usage of the water percolated into the wells of the members of the petitioner association situated in their respective survey numbers. Accordingly, they were remitting the same. The members of the petitioner association are raising crops like paddy, sugarcane, turmeric, plantain, etc. in their field by obtaining agriculture loan from the Agriculture Co-operative Banks and other nationalized banks. According to the petitioner, due to insufficient rainfall and climatic changes, there was a drastic fall in the yield from the fields and therefore, their members are suffering a lot. Now, the respondents are attempting to interfere with the rights of the members of the petitioner association from drawing water from their individual wells and borewells and are taking coersive steps to disconnect their Agricultural Electricity Connections, without following the due process of law and hence the petitioner association first filed W.P. No: 54 of 2014. This Court granted an interim order for not disconnecting the Free Agricultural Electricity Service Connections.
