Disposed

SV008 - Parambur Big Tank Water Users Association v. The Principal Secretary

Madras HC27 Aug 2024WP(MD)/17088/2024

Case brief

AI extract

What is this about?

Water users association sought mandamus to de-silt weirs of Parambur Big Tank. Respondents agreed to de-silt secondary channels in financial year 2025-2026 after fund allocation; court recorded undertaking and directed expeditious completion.

What did the court decide?

Respondents to complete de-silting of secondary source channels of Parambur Big Tank in financial year 2025-2026 as expeditiously as possible; no costs.

SV008 - Parambur Big Tank Water Users Association Vs… — Writ and Judicial Review | Madras HC (2024)

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W.P(MD)No.17088 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.08.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P(MD)No.17088 of 2024

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SV008-Parambur Big Tank Water Users Association, Rep. by its President, P.Ponnaiah

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... Petitioner

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Vs.

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1.The Principal Secretary, Water Resource Department, Secretariat, St.George Fort, Chennai-600 009.

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2.The District Collector, Pudukkottai District, Pudukkottai.

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3.The Chief Engineer, Water Resource Department, Trichy Region, Trichy-20.

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4.The Superintending Engineer, Water Resource Department, Middle Cauvery Basin Circle, Trichy.

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5.The Executive Engineer, Water Resource Department, South Vellaru Basin Division, Pudukkottai.

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6.The Assistant Executive Engineer, Keeranoor Division,

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.17088 of 2024

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Water Resource Department, Keeranoor, Pudukkottai District.

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7.The Assistant Engineer, Viralimalai Sub Division, Water Resource Department, Viralimalai, Pudukkottai District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission in favour of the petitioner's Association to de-silt and to remove all the shrubs and accumulating sands, etc., in three weirs of ' Parambur Big Tank, namely, (i)Alathur Big Tank Weir, (ii)Athikulam Weir and (iii)Mela Muthuvalayanenthal weir and at the own cost of the petitioner Association fund, within a time frame as fixed by this Court.

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For Petitioner : Mr.B.Vinoth Kumar For Respondents : Mr.D.Sadiq Raja, Additional Government Pleader

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ORDER

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This Writ Petition has been filed, seeking a direction to the respondents to grant permission in favour of the petitioner's Association to de-silt and remove all the shrubs and accumulating sands, etc., in three weirs of 'Parambur Big Tank, namely, (i)Alathur Big Tank Weir, (ii)Athikulam Weir and (iii)Mela Muthuvalayanenthal Weir, at the own cost of the petitioner Association fund, within a time frame as fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.17088 of 2024

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2.It is the case of the petitioner that the petitioner Association, having 281 Ayacatdars in Parambur Village, has been formed for the welfare of the water tank, called 'Parambur Big Tank'. Under Pradhan Mantri Krishi Sinchayee Yojana (PMKSY) scheme implemented by the Central Government, though primary channels have been de-silted, the secondary supply channels have not been de-silted. In this regard, the petitioner gave a representation to the respondents. Since the same has not been considered so far, he has filed this Writ Petition.

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3.The learned Additional Government Pleader appearing for the respondents, by relying upon the proceedings of the 6^th respondent dated 24.08.2024, would submit that in the revenue records, some secondary source channels have been recorded and if the said secondary source channels are de-silted by the petitioner Association, it will be objected by some pattadharars in the area and it will create law and problem in the area. Therefore, the same will be de-silted by the Water Resource Department in the next financial year ie., 2025-2026.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.17088 of 2024

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4.In view of the said submissions, this Court is of the view that

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merely on the basis of some objections, such de-silting cannot be stalled and the secondary source channel has to be maintained by the authorities of the Water Resources Department for the purpose of providing water to the main tank. Therefore, as the respondents have now agreed before this Court that the secondary source channels would be de-silted, after the fund allocation in the next financial year ie., 2025-2026, the same shall be completed and de-silting shall be done as expeditiously as possible in the next financial year.

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5.With the above observation, this Writ Petition is disposed of. No

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costs.

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27.08.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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Yuva

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1.The Principal Secretary, Water Resource Department, Secretariat, St.George Fort, Chennai-600 009.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.17088 of 2024

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2.The District Collector, Pudukkottai District, Pudukkottai.

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3.The Chief Engineer, Water Resource Department, Trichy Region, Trichy-20.

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4.The Superintending Engineer, Water Resource Department, Middle Cauvery Basin Circle, Trichy.

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5.The Executive Engineer, Water Resource Department, South Vellaru Basin Division, Pudukkottai.

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6.The Assistant Executive Engineer, Keeranoor Division, Water Resource Department, Keeranoor, Pudukkottai District.

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7.The Assistant Engineer, Viralimalai Sub Division, Water Resource Department, Viralimalai, Pudukkottai District.

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https://www.mhc.tn.gov.in/judis 5/6

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W.P(MD)No.17088 of 2024

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N.SATHISH KUMAR, J

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Yuva

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W.P(MD)No.17088 of 2024

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27.08.2024

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https://www.mhc.tn.gov.in/judis

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SV008 - Parambur Big Tank Water Users Association v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

SV008 - Parambur Big Tank Water Users Association v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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