Telangana High Court
WP/27409/2005 of P.Kondaiah, Vs The Superintending Engineer (Irrigation), on 23 December 2005
SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27409 OF 2005 Dated: 23-12-2005 Between P. Kondaiah, S/o. P. Chengaiah, Sarpanch R/o. I.R. Kandriga Village, Palamangalam Post, Nindra Mandal, Chittor District and Others. …PETITIONERS AND The Superintending Engineer (Irrigation), Chittoor,
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION No.27409 OF 2005
Dated: 23-12-2005
BetweenP. Kondaiah, S/o. P. Chengaiah, SarpanchR/o. I.R. Kandriga Village, PalamangalamPost, Nindra Mandal, Chittor District andOthers.
…PETITIONERS
AND
The Superintending Engineer (Irrigation),Chittoor, Chittoor District and others.
…RESPONDENTS
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ORDER:
Petitioners seek a Writ of Mandamus to declare the action of the respondents in notdisposing the representations dated 23.11.2005 and 16.12.2005 for providing sluice andweir (kaluju) to the Vallabha Raju Tank, Palamangalam South, Narayanavanm Mandal,Chittoor District as illegal and arbitrary.
Learned counsel for the petitioners submits that the petitioners have made representationsbefore the respondents 1 and 2 requesting them to remove surplus water from the abovesaid tank to avoid damage to their lands. The learned counsel further submits that theAyaktdars have closed sluice of the tank 10 years ago with a view to preserve the water in the tank, which caused heavy loss to the petitioners and others in the village and there is noweir (kaluju) to the tank to take out the surplus water from the tank. Due to lack of sluice thesurplus water is not going out and water is stagnated, as a result of which several acres oflands are submerged. Accordingly, the petitioners have requested the respondents torestore the sluice and weir.
Without expressing any opinion whether the surplus water is causing damage to the landsof the petitioners, but having regard to the facts and circumstances of the case, therespondents 1 and 2 are directed to consider and dispose of the representations dated23.11.2005 and 16.12.2005 filed by the petitioners in accordance with law within six weeksfrom the date of receipt of a copy of this order.
The writ petition is accordingly disposed of.
December 23, 2005
Note: Furnish C.C. of the order in three days (B/O)
DSK
______________V. ESWARAIAH, J