V.K.R.Anguraj Vs The District Collector

8.The Secretary to Government, Revenue Department, Secretariat, Chennai – 9. (R8 Suo-Motu impleaded vide order dated 05.07.2021 made in WP.13615/2021 by DKKJ) ... Respondents in W.P.13615/2021

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

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W.P.Nos.11749 and 13615 of 2021

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Prayer in W.P.No.11749 of 2021:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 10.03.2021 made in Na.Ka.No. 469/2021/E2 by the fourth respondent, quash the same and consequently direct the fourth respondent to restore the illegal disconnection of the pipeline laid on the strength of track rent permission granted by the third respondent in Pa.Mu.13121/2012/A2 dated 20.10.2012 and subsequently renewed in Pa.Mu.11881/2017/A2 dated 13.02.2018 by considering the petitioner’s representation dated 12.04.2021.

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Prayer in W.P.No.13615 of 2021:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 30.04.2021 (served on 21.05.2021) made in Na.Ka.No.469/2021/E2 issued by the fifth respondent quash the same.

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For Petitioners : Mr.V.Anandhamoorthy for Mr.D.R.Arun Kumar in W.P.No.11749 of 2021 Mr.V.Anandhamurthy in W.P.No.13615 of 2021 For Respondents : Mr.P.Siddharth for R1 to R3 & R5 Government Counsel Mr.P.Srinivas for R4 in W.P.No.11749 of 2021 Mr.P.Siddharth for R1 to R4 Government Counsel Mr.P.Srinivas for R5 & R6 in W.P.No.13615 of 2021

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

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W.P.Nos.11749 and 13615 of 2021

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C O M M O N O R D E R

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W.P.No.11749 of 2021 has been filed seeking issuance of

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Writ of Certiorarified Mandamus, calling for the records relating to the order dated 10.03.2021 made in Na.Ka.No.469/2021/E2 by the fourth respondent, quash the same and consequently direct the fourth respondent to restore the illegal disconnection of the pipeline laid on the strength of track rent permission granted by the third respondent in Pa.Mu.13121/2012/A2 dated 20.10.2012 and subsequently renewed in Pa.Mu.11881/2017/A2 dated 13.02.2018 by considering the petitioner’s representation dated 12.04.2021.

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2.W.P.No.13615 of 2021 has been filed seeking issuance of Writ of Certiorari, calling for the records relating to the order dated 30.04.2021 (served on 21.05.2021) made in Na.Ka.No.469/2021/E2 issued by the fifth respondent, quash the same.

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3.Since the issue involved in both the writ petitions are interrelated, they are heard together and disposed of by way of common order.

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W.P.Nos.11749 and 13615 of 2021

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4.When the matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that this Court vide order dated 29.07.2021 in W.P.Nos.11749 and 13615 of 2021 issued direction to the District Collector to depute an Officer, not below the rank of District Revenue Officer to look into issue involved in the writ petitions and to inspect the premises in person and also to file a detailed report on or before 12.08.2021, by complying with the earlier order of this Court dated 05.07.2021, pursuant to which, the District Collector/ first respondent filed reply affidavit dated 13.09.2021, wherein, it is stated that ‘Since the petitioner is utilising the water to irrigate the agriculture land, he may be permitted to dears the water using the existing track rent permission subject to the conditions stipulated by the Municipal Administration, Udumalpet.’ The learned counsel further submitted that this Court may record paragraph nos.4 and 5 of the reply affidavit filed by the first respondent and close these writ petitions.

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5.It is useful to extract hereunder the relevant portion of the

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reply affidavit filed by the first respondent dated 13.09.2021:

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‘2.The Hon’ble High Court of Madras

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

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W.P.Nos.11749 and 13615 of 2021

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has directed in the order dated 29.07.2021 that the District Collector to depute an officer not below the rank of District Revenue Officer to look into issue involved in this writ petition and inspect the premises in person and also file a detailed report by complying with the earlier order of this Court dated 05.07.2021.

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3.I submit that in compliance to the above order of the Hon’ble High Court, the District Revenue Officer, Tiruppur was deputed to inspect the premises in person and to submit report. Accordingly the District Revenue Officer, Tiruppur inspected the subject premises and submitted his detailed report as follows.

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“The Tahsildar, Udumalpet has issued Track Rent Permission to Tmt.Santhi W/o.Manickam to draw the water from her own Well situated in S.F.No.259 (T.S.No.1/1B) at Kanakkampalayam village which is in the Udumalpet Municipal limit to irrigate her agriculture land situated in S.F No.125/2, 114/1A at Poolankinar village by laying the pipeline through the Government Poromboke lands as listed below, in the year of 2012 vide Pa.Mu.13121/2012/A2 dated 20.10.2012 and

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

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W.P.Nos.11749 and 13615 of 2021

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subsequently it was renewed by the Tahsildar, Udumalpet vide Pa.Mu.11881/2017/A2 dated 13.02.2018 subject to certain conditions that necessary permission should be obtained from other concerned departments.

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Further the details of Government poromboke lands, through which the Track Rent Permission was issued, are as follows.

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Sl. No.	Name of the Village	Classification of Poromboke lands	Distance for which laying pipeline (in Mtrs)	Pormboke lands comes under which Department
1.	Kanakkampalayam	Layout Road Public cart track Odai	156.8 209.3 168.9	Municipality Udumalpet
		Highways Road	60.4	State Highways
2.	Uduamalpet	Odai	921.9	Villaage Panchayat
3.	Ganapathipalayam	Cart track Kuttai	14.2 218.4	Villaage Panchayat
		Path	622.8
		PWD vaikkal	1576.4
4.	Poolankinaru	PWD Vaikkal	2451.6	PWD

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After that, the above said properties both in Kanakkampalayam and Poolankinar villages were purchased by the petitioner Thiru.V.K.R. Anguraj S/o.Ramasamy on 25.01.2021 Being so, the Municipal Commissioner, Udumalpet has issued show cause notice to the petitioner on 10.3.2021

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

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W.P.Nos.11749 and 13615 of 2021

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directing the petitioner to produce the documents pertaining to the Track Rent Permission. As a result, the petitioner submitted the relevant documents before the Municipal Commissioner, Udumalaipettai. But the Municipal Commissioner, Udumalpet disconnected the pipeline. Hence the petitioner has approached the Hon’ble High Court of Madras On 07.05.2021, Hon’ble High Court has granted and issued an interim order, directing the Municipal Commissioner to restore the connection of pipeline. In compliance to the Hon’ble High Court’s interim order dated 07.05.2021, disconnected pipeline was restored to its original position by the Municipal Commissioner, Udumalpet. Now the petitioner has been drawing water as per the existing Track Rent Permission and irrigating his agricultural land located at Poolankinar village 6.5 KM away from the Well, without any hindrance.

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4.Further I submit that the petitioner Thiru.Anguraj jointly holds an extent of 15.04 acres Agricultural land in which 1100 coconut trees are standing. The subject Well is situated at S.F.No.259 (T.S.No.1/1B) in the unapproved layout in the Udumalpet municipal

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

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W.P.Nos.11749 and 13615 of 2021

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limit. He regularly draws nearly 3.6 lakhs litres of water by using 7.5 HP motor to irrigate his agricultural land which is located 6.5 KM away from the well. He draws water from the subject well purely for the Agriculture purpose and not for any other purpose. Since he draws water from the subject well for agriculture purpose, now the Udumalpet Municipal Administration consented to permit to derive the water from the subject well by using the existing track rent permission with certain conditions that

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1.Water draws from the subject well should be utilised only for the agriculture purpose and should not be used for any purpose other than Agriculture

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2.Water should not be used for commercial purpose.

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3.If any deviation found, the pipeline connection will be disconnected by the Municipal Administration.

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4.Water should be drawn through the permitted pipelines and should not be transported by any other mode like vehicles.

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5.If drought occurs in future in the location, the drawal of water will be stopped temporarily by the Municipal Administration.

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

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W.P.Nos.11749 and 13615 of 2021

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5.Since the petitioner is utilising the water to irrigate the agriculture land, he may be permitted to dears the water using the existing track rent permission subject to the conditions stipulated by the Municipal Administration, Udumalpet. I submit that this fact may kindly be put forth before the Hon’ble High Court, Madras.”

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6.I humbly submit that based on the detailed report submitted by the District Revenue Officer, Tiruppur it has been confirmed that this petitioner draws water from the subject well by using the existing track rent permission to irrigate his agricultural land and not for any other purpose and now the Udumalpet Municipal Administration consented to permit to derive the water from the subject well by using the existing track rent permission with certain conditions.

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7.I submit that it shows that there is feasibility for the Municipality Udumalpet to permit the petitioner to draw the water for irrigation purpose using the existing track rent permission without any hindrance. It is therefore humbly prayed that this Hon’ble

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

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W.P.Nos.11749 and 13615 of 2021

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Court may record the above mentioned facts and pass such order or orders as this Hon’ble Court may deem fit and thus render Justice.’

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6.In view of the submission made by the learned counsel appearing for the petitioner and the reply affidavit filed by the first respondent, these writ petitions are closed. The reply affidavit filed by the first respondent dated 13.09.2021 shall form part and parcel of this order.

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7.The writ petitions are closed. No costs. Consequently, the connected miscellaneous petitions are closed.

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03.06.2026

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pri

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Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No

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To

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