1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.299 of 2011 Kandasamy : Petitioner vs. 1. The District Collector, Pudukkottai District. 2. The Tahsildar, Iluppoor Taluk, Pudukkottai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to pass appropriate orders on the petitioner's representation dated 26.07.2010. For Petitioner : Mr.N.Balakrishnan For Respondents : Mr.M.Govindan Special Government Pleader ****** ORDER ******* The petitioner is a resident of Puravippannai, Manamettupatti, Meppoothakudi Post, Iluppoor Taluk, Pudukkottai District. In this Writ Petition, he has sought for a direction to the respondents, more particularly to the second respondent, the Tahsildar, Iluppoor Taluk, Pudukkottai District, to pass appropriate orders on the petitioner's representation dated 26.07.2010. 2. In the said representation, a copy of which found enclosed in page No.10 of the typed-set of papers, the petitioner stated that he is a permanent resident of the said village and there is a Oorani called "Kumarasamy Oorani", which is a tank situated in Survey No.201 and the petitioner is maintaining and enjoying the possession of the said tank at his own expenses. The said tank is meant for irrigation for the lands owned by him and the catchment area from which water is coming from Oorani is fully grown with bushes and Velikaruvai trees and unless those obstacles are removed, the free passage of water so as to fill up the tank will be jeopardized and he has sought for permission to remove the wild growth bushes including Velikaruvai trees. When the Tahsildar did not take action, he has also given a representation to the first respondent, the District Collector and thereafter, he has filed the present Writ Petition for the reliefs stated earlier. https://hcservices.ecourts.gov.in/hcservices/ 2 3. When the Writ Petition came up on 10.01.2011, this Court ordered notice to the respondents. On notice from this Court, the second respondent has filed a counter-affidavit dated 07.02.2011. In the counter-affidavit, in paragraph Nos.5 and 7, it was averred as follows: "5............................ The petitioner was not granted permission to cut the trees at any point of time and also the petitioner is not at all maintaining the said Oorani at any point of time. The writ petitioner filed this writ petition with an intention to encroach on the said Oorani. This Hon'ble Court also passed orders in several cases to remove the encroachment made in the water body..........." 7. I submit that the petitioner furnished an application on 22.12.2009 to grant permission to cut the trees which is standing in the said Kumarasamy Oorani. On perusal of the application the petitioner was informed to get a resolution from the Village Panchayat since the said Kumarasamy Oorani comes under the purview of the Village Panchayat and the same is maintaining by the Village Panchayat by letter dated 13.04.2010. The petitioner without getting any resolution from the village Panchayat again sent his application on 26.07.2010 and the same was received in our office on 27.07.2010. Therefore this respondent again sent a letter dated 31.07.2010 to the petitioner stating that without enclosing the copy of resolution no order can be passed in his application." 4. It must also be noted that under Section 133(1) of the Tamil Nadu Panchayats Act, 1994, if any irrigation works is transferred to the Panchayat, it is for the Panchayat to maintain the same, subject to conditions. Under the proviso to Section 133(2), the Panchayat is bound to carry out Kudimaramat in respect of any irrigation source in the village. Therefore, it cannot be said that the stand taken by the second respondent is either unjust or illegal. It is for the petitioner to approach the Panchayat and get proper resolution, before making a request in his representation. Hence, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) To 1. The District Collector, Pudukkottai District. 2. The Tahsildar, Iluppoor Taluk, Pudukkottai District. + 1 cc to The Special Government Pleader, SR No.38490 + 1 cc to Mr.N.Balakrishnan, Advocate, SR No.38920 Order made in W.P.(MD)No.299 of 2011 Dated:- 08.11.2011 SML RJ/21.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/