IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.45377/2014 & WRIT PETITION No.52640/2014 (GM-RES) BETWEEN:
1. T.M. DEVARAJ S/O MALLAPPA AGED ABOUT 37 YEARS RESIDING AT THORENOOR KUSHAL NAGAR HOBLI SOMWARPET TALUK KODAGU DISTRICT.
2. T.S. SRINIVAS S/O SUBRAYA AGED ABOUT 33 YEARS R/AT THORENOOR KUSHAL NAGAR HOBLI SOMWARPET TALUK KODAGU DISTRICT.
(BY SMT.P.C.SUNITHA, ADV. FOR SRI. ANIL KUMAR, ADV.) AND 1. THE STATE OF KARNTAKA BY ITS SECRETARY ... PETITIONERS DEPT OF MAJOR IRRIGATION M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-1.
2. THE ASSISTANT EXECUTIVE ENGINEER CAUVERI NIRAVARI NIGAM LTD., NO.1, H.D. SUB-DIVISIONS HULUGUNDA-571234 3. THE SUPERINTEND ENGINEER HARANGI DAM DIVISION NEAR I.B.
KUSHALNAGAR-571 234.
4. SRI. T.R. GANESHA S/O RACHAPPA AGED ABOUT 45 YEARS R/AT THORENOOR KUSHAL NAGAR HOBLI SOMWARPET TALUK KODAGU DISTRICT.
5. T.M. MANJUNATHA S/O LATE MALLAPPA AGED ABOUT 42 YEARS R/AT THORENOOR, KUSHAL NAGAR HOBLI SOMWARPET TALUK, KODAGU DISTRICT.
... RESPONDENTS (BT SMT.NILOUFER AKBAR, AGA. FOR R1, SRI. PRASHANTH B.R.,ADV. FOR SRI.M.R.C.RAVI, ADV. FOR R2 & R3 SMT. SREEVIDYA.G.K., ADV. FOR SRI.T.N.VISHWANATH, ADV. FOR R4 & R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO IMMEDIATELY RESTORE WATER SUPPLY TO THE PETITIONERS LAND IN SY.NO. 8/1 BY REMOVING THE OBSTRUCTION THROUGH FIELD CHANNEL WHICH SUPPLIES WATER FROM 13TH DISTRIBUTORY SITUATED ON THE WESTERN SIDE OF SY.NO. 8/1 OF GADDEHOSAHALLI VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT FOR CULTIVATION OF THE PETITIONERS LAND BEARING SY.NO. 8/1 & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these writ petitions, the petitioners are seeking a writ of mandamus directing the respondent Nos.2 and 3 to immediately restore the water supply to the petitioners’ land in Sy.No.8/1 by removing the obstruction through field channel which supplies water from 13th distributory situated on the western side of Sy.No.8/1 of Gaddehosahalli Village, Somwarpet Taluk, Kodagu District for cultivation of the petitioners’ land bearing Sy.No.8/1.
2. The petitioners are the owners of the land bearing Sy.No.8/1 measuring 2 acres 93 cents of Gaddehosalli Village, Somwarpet Taluk, Kodagu District. After construction of Harangi Dam, the land in question and other lands of Gaddehosalli were brought under irrigation for wet cultivation under the Achkat area of 13th (Thubu) field channel and this entire land of Sy.No.8/1 is being irrigated under the Achkat area of Harangi dam. It is further submitted that 13th field Channel (Thubu) has been constructed by the irrigation department, which pass through on the western side of the Sy.No.8/1 and from field channel, the petitioners’ land is irrigated and they are paying water cess to the Government. Further case of the petitioners is that the respondent Nos.4 and 5 along with others have obstructed the water course provided to the petitioners’ land. Hence, the petitioners have given representations to the respondent No.2 vide Annexures-C, D and E. Since, no action has been taken by the respondents on the representations given by the petitioners under Section 61 of the Karnataka Irrigation Act, 1965 (for short “the Act”), the present writ petitions are filed.
3. Section 61 of the Karnataka Irrigation Act provides for power to remove obstruction or damage to work. The said section reads as under:
“61. Power to remove obstruction or damage to work: Any person in charge of are employed upon any irrigation work may remove from the land or building belonging thereto or may take into custody without a warrant and without unnecessary delay make over to a Police Officer or in the absence of the Police officer take or cause to be taken into custody to the nearest police station, any person who within his view:-
a) willfully damages, alters, enlarges or obstruct any irrigation work b) without proper authority interference with supply or flow of water, in or from any irrigation work so as to endanger, damage or render less useful such irrigation work.”
4. Once the petitioners have given representation, a statutory duty is cast upon the authority to consider the same in accordance with law. Since, no action has been taken by respondent Nos.2 and 3 as contemplated under Section 61 of the Act, it is necessary to direct the respondents to consider the representations of the petitioners. Hence, the following order:
a) The writ petition is disposed of.
b) The respondent Nos.2 and 3 are directed to consider the representations of the petitioners and take necessary decision in accordance with law within six weeks from the date of receipt of copy of this order and the same may be communicated to the petitioners.
Sd/- JUDGE DM