K N CHINNARAJ AND ORS Vs. SPECIAL COMMISSIONER AND COMMISSIONER OF LAND ADMINISTRATION AND THE DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) Heard the counsels appearing on behalf of the petitioners, as well as the respondents.

(2.) The petitioners had stated that they are the absolute owners of the property in S.F. No. 319/10A1A3 of Ikkarai Thathapalli Village. A Well is situated in the petitioners' land in S. Nos. 98/2, 43/2, 42/2, 49/2 and 33/2. The water from the said Well is being used for agricultural purposes. A Track Rent permit had been granted to the petitioners, by the authority concerned, to draw water from the Well, which is situated close to the Bhavani river, permitting the petitioners to use the percolated water from the Well, for agricultural purposes. The petitioners have been paying, periodically, the track rent, the water cess and the kist due from them. The petitioners had also been directed to pay an one time water cess, for the usage of the water percolated in the Well in question, from the Bhavani river.

(3.) It had also been stated that the petitioners have been using the water from the Well in question, without violating the terms and conditions imposed on the petitioners, while granting the Track Rent Permit, by the authority concerned. The petitioners are not drawing water, directly, from the Bhavani river. However, the impugned proceedings had been passed, cancelling the Track Rent Permit granted in favour of the petitioners, without following the principles of natural justice. No proper enquiry had been conducted before the impugned proceedings had been passed, based on an alleged report of the local Tahsildar concerned. No proof had been shown by the respondents to substantiate their allegation that the petitioners had violated the terms and conditions of the Track Rent Permit granted in his favour. A copy of the report, said to have been submitted by the Tahsildar concerned, had not been given to the petitioners, during the enquiry.