Petitioner sought writ under Article 226 permitting agriculturalists to transport water between fields for irrigation and cattle feeding amidst drought. Court rejected prayer, noting risk of misuse for commercial sale, dismissing the petition and holding it for government to ensure equitable distribution.
Writ petition dismissed; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 7/3/2019
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.10512 of 2017
N. Madeshwaran ... Petitioner
Vs
1. The District Collector
Namakkal District
Namakkal.
2. The Revenue Divisional Officer
Namakkal
Namakkal District.
3. The Tahsildar
Taluk Office
Sendamangalam Taluk
Namakkal District.
4. The Block Development Officer
Sendamangalam Panchayat Union Office
Sendamangalam Taluk
Namakkal District. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus to direct the respondents herein to consider the petitioner's representation dated 14/3/2017 and 27/3/2017, seeking to allow the agriculturalists to take water from one field to the adjoining other fields within Namakkal District, only for the purpose of irrigating the crops, trees and feed the cow and cattle, through bullock carts, tractors and other vehicles and save the crops in view of the prevailing acute water shortage due to severe drought.
For petitioner ... Mr.G.Arul Murugan For Respondents ... Mr.Akil Akbar Ali Government Advocate
O R D E R
(Order of the Court was made by Subramonium Prasad, J)
Instant writ petition has been filed, to direct the respondents, to consider the petitioner's representations, dated 14/3/2017 and 27/3/2017, seeking to allow the agriculturalists, to take water from one field to the adjoining other fields, within Namakkal District, only for the purpose of irrigating the crops, trees and feed the cow and cattle, through bullock carts, tractors and other vehicles and save the crops, in view of the prevailing acute water shortage, due to severe drought.
2. Petitioner is a resident of Kalkurichi Village, Namakkal District. According to the petitioner, due to failure of monsoon, there is acute shortage of water, in the State of Tamil Nadu and more particularly, in Namakkal District. Water bodies, including the lake, pond and even other water sources like the well and bore well have become dry. He would state that inspite of severe drought, few wells in the villages are still having some water supply and some bore wells are also still having some source of water. He would therefore, pray that agriculturalists must be permitted to take water from the other agricultural fields through tractors and other means, for the purpose of saving the standing crops, trees and feed the cow and cattle and save the harvest.
3 . Paragraph 10 of the affidavit filed in support of the writ petition reads as under:-
“I humbly submit that the action of the subordinates of the respondents who often stop the bullock carts, tractors and other vehicles which takes water to the other agricultural lands to irrigate the crops and feed the cow and cattle, while they are happily allowing water to the transported to the companies and other business activities are only indulging in disturbing the agricultural activity by stopping the vehicles as the agriculturalists are not in a position to meet the demands of those persons.”
4. Petitioner had filed a representation, to the District Collector, Namakkal District, first respondent, requesting to allow the agriculturalists to take water from one agricultural field to the other for the purpose of irrigating the standing crops and also for drinking water purpose for the cow and cattle, through tractors and other vehicles. Since the said representation has not been considered, petitioner has come forward with the present writ petition.
5. Heard Mr.G.Arul Murugan, learned counsel for the petitioner and Mr.Akil Akbar Ali, learned Government Advocate for the respondents.
6. The Tahsildar, Sendamangalam Taluk and Block Development Officer (Village Panchayat), Sendamangalam, respondents 3 and 4, respectively have filed their counter affidavits.
7. No doubt, if there is harmony in the village, agriculturalists can help each other. The Government have also to ensure that water is not used for commercial purpose. There is possibility of an order of Court being misused in that under the garb of taking water for one field to other it is sold. This cannot be permitted. Courts cannot pass a mandamus, which is sought for. It is for the Government to ensure equitable distribution of water in the village.
1 issue framed by the court
Whether the High Court can issue a writ of mandamus to allow agriculturalists to transport water between fields for irrigation and cattle feeding due to drought.
1 provisions across 1 enactments
N. Madeshwaran
The District Collector, Namakkal District
The Revenue Divisional Officer, Namakkal District
The Tahsildar, Sendamangalam Taluk
The Block Development Officer, Sendamangalam
S. Manikumar
Subramonium Prasad
As recorded by the court registry
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