4.The facts in issue lies in a narrow compass. Though elaborate pleadings have been made and various materials were placed before this Court, the issue to be considered is as to whether the pipelines, said to have been drawn at the behest of the private respondents, is authorized and permissible and whether the District Collector or any of the authorities have granted permission for laying the pipelines. Utilising the funds of the Members of the Parliament for Local Area Development under the MPLAD scheme, a proposal was made to lay a pipeline from Olakattupathy Check Dam (Murungatholuvu B Village) to Murungatholuvu Pond (Murungatholuvu A Village). This proposal was approved and an estimate was prepared and an amount of Rs.35 Lakhs was sanctioned, which includes the cost of the pipeline work, solar and electric motor work and other allied charges. The pipeline was drawn for more than a distance of 5 km from the said Olakattupathy Check Dam, over which, there is no dispute nor any grievance has been expressed by the petitioner panchayat. The grievance expressed by them is only with regard to the deviation, which has been done in the pipeline leading to Murungatholuvu Bund. This, according to the petitioners, was in utter breach of the original route, approved by the District Collector. The objection of the petitioner is on the ground that it is the petitioner Panchayat, under the Presidentship of its present President, who took all initiative for bringing out the project, since the seepage water from the LBP scheme was not being utilized and the water was flowing into the Noyyal river resulting in wastage. Therefore, the petitioner Panchayat passed a resolution and followed up the matter with the District Administration and the seepage water to be taken to Murungatholuvu Pond, which is more than 5 ½ kms away, by laying a pipeline and from the said Pond, the water can flow into two other ponds namely Pudupalayam Pond and threafter, into Kalikkalavasu Pond.
