Disposed

P.Shenkoda Gounder v. the District Collector

Madras HC23 Nov 2020WP/6926/2014

Case brief

AI extract

What is this about?

Writ petition filed under Article 226 seeking a scheme for continuous water source for agricultural land was disposed of. The court noted that due to illegal water tapping issues by multiple landholders, it was not possible to frame a separate scheme.

What did the court decide?

No scheme framed; petition disposed of as it was not possible to frame a separate scheme for continuous water supply due to existing illegal tapping issues.

P.Shenkoda Gounder Vs the District Collector — Writ and Judicial Review | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.11.2020

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CORAM

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THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA

W.P.No.6926 of 2014

and M.P.No.1 of 2014

(Heard Through VC)

P.Shenkoda Gounder ..Petitioner

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Vs. 1. The District Collector, O/o. Collectorate, Erode District.

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The Superintending Engineer, (Water Resources), Kazha Bavani Water Source Division, Collectorate, Erode District.

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The Executive Engineer, Water Resources, Kazha Bavani Water Source Division, Konavaikkal, Erode District. ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to frame a scheme for continuous water source for irrigation to the petitioner's land comprised in Re-Survey No.50/1, 1B, 2, 3, 4, 5 at Suriyampalayam Village, Erode Taluk an extent of 1.00 acre.

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For Petitioner : Mr.C.S.Saravanan For Respondents : Mr.M.D.Ilayaraja Government Advocate

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ORDER

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The Writ Petition is filed for a mandamus, directing the first respondent to frame a scheme for continuous water source for irrigation to petitioner's land comprised in Re-Survey No.50/1, 1B, 2, 3, 4, 5 at Suriyampalayam Village, Erode Taluk, to an extent of 1.00 acre.

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

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The case of the petitioner is that the respondents herein often restricting him from drawing water and such restriction causes disturbance for the agricultural operation resulting in monetary loss. It is further stated that there is no storage system of rain water in the State of Tamil Nadu. Hence, the petitioner wanted a scheme to be followed for continuous water source.

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The third respondent has filed a counter affidavit, in which, it is stated that the petitioner and many others are having lands, which are classified as Dry Ayacut lying adjacent to Kalingarayan Channel. They have been bailing out water from the Kalingarayan channel unauthorisedly by bullocks and also mechanical lifts with the help of oil engine or electric motor pump sets, without any approval. Earlier, one U.S.Palanivel filed a Writ Petition before this Court in W.P.No.27852 of 2003 and this Court, by order dated 08.10.2003, had directed the respondents to verify as to whether such illegal tapping or drawing of water is done, if so, to take immediate action against those persons. Accordingly, those pipe lines which were un-authorisedly laid below the ground level including the petitioner's land were removed. Because of such illegal diversion of water, the registered tail end Ayacatdars of Kalingarayan Channel are unable to get sufficient water supply for irrigation. In such circumstances, it is not possible to frame a separate scheme for giving continuous water supply to petitioner's land.

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Recording the same, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS VII) //True Copy//

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Sub Assistant Registrar

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srn

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The District Collector, O/o. Collectorate, Erode District.

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The Superintending Engineer, (Water Resources), Kazha Bavani Water Source Division, Collectorate, Erode District.

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

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The Executive Engineer, Water Resources, Kazha Bavani Water Source Division, Konavaikkal, Erode District.

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+1cc to the Government Pleader, S.R.No.37745

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W.P.No.6926 of 2014 and M.P.No.1 of 2014

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MP(CO) KKV/31/12/2020

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

P.Shenkoda Gounder v. the District Collector

Case brief

What is this about?

What did the court decide?

P.Shenkoda Gounder v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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