The Madras High Court has ordered that agricultural loans should not be given to farmers involved in water theft cases and that they should be blacklisted so that they cannot get fertiliser seeds at subsidised prices. The court also directed the authorities to expedite the process of preventing water theft and register criminal cases and send it to the TNEB to take action and disconnect the power supply.
K Paramasivam, the former chairman of the Parambikulam Aliyar project, had filed a case seeking to quash the orders passed in 2014 and 2015, allowing two private individuals to extract water from the canal. The petitioner had sought an equal distribution of water and an order directing the Public Works Department, Water Resources Authority and Electricity Board to take action against the malpractice, alleging that other farmers were being severely affected due to illegal extraction of water even if permission was granted.
When the case came up for hearing before Justice SM Subramaniam on January 10, it was informed that the chief engineer of the Water Resources Department has been taking steps to prevent water theft. Yet, it was reported that they knew in advance about the arrival of the officers and before they arrive the alleged persons will remove the pipes used for water theft and again fix them back after the inspection was completed and officers quit the place. It was also explained that TANGEDCO would be immediately informed to disconnect the power supply at the places where the water theft took place.
The judge then issued an order pointing out that it was wrong and illegal to take water from the ground in a way that was common to all, pointing to both taking water illegally and obtaining it illegally. He also ordered that action be taken against those who take water illegally and some officials who may be complicit in the crime and that legal procedures be followed when issuing water extraction licenses.
“The miscreants were inventing new ways and means for stealing water and were escaping from the clutches of law. The authorities should also invent new methods to nab the offenders. Corrupt activities, collusion of public authorities either actively or passively, could be overruled. Once the government officials were found in colluding with the violators, they should be prosecuted for the offence of abetment under the IPC along with the offenders of the commission of theft,” the judge said.
The State government was all along fighting hard with the neighbouring States to get equal distribution of water. Tribunals were constituted for the proportionate distribution of water. Ironically the government departments within were unable to protect against the theft of water by miscreants, he added.
Meanwhile, the court also advised the government to properly protect the valuables as people are affected without water during drought, eventually ordering the Tamil Nadu Public Works Department executive engineer, chief engineer of the Water Resources Authority and the supervising engineer to review the permit issued for water extraction due to allegations of water theft in the Parambikulam Aliyar project for the past 30 years.
He directed the Public Works and Water Resources Department to expedite the process of preventing water theft and register criminal cases and send it to the electricity board to take necessary action and disconnect the power supply. Subsequently, the court has ordered the government not to give agricultural loans to farmers caught in water theft cases and to blacklist them so that they cannot get fertilisers and seeds at subsidised prices. He ordered the use of drones to accurately detect those who involve in water theft and that all government departments should work together.
Following the order, Justice SM Subramaniam directed the concerned authorities in Coimbatore and Tiruppur districts to file a report and adjourned the case till January 25, 2022.
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