Judgment :- By consent, the main writ petitions are taken up for final disposal. 2. The main grievance of the petitioners is that even though they are permitted by the respondents to pump out water from Aliyar River and various Channels to irrigate their lands, by installing underground pipelines, the respondents by proceedings dated 20.9.2002, proposed to evict them, treating the installation of pipelines to their wells located in their respective land as encroachment. Hence, these writ petitions. 3. Concededly, the writ petitions filed by the petitioners, namely, W.P.Nos.5115 & 5116 of 1987 and 4074 of 1986 were disposed of by this Court on 28.7.1994 and 24.6.1997, which read as follows: Order in W.P.Nos.5115 & 5116/1987:- The petitioners are seeking for a direction to the respondents to consider their request to take water from the Aliyar River and various channels for irrigation purposes by installing underground pipe lines to petitioners' well. This question has to be decided with reference to the consequences and the advantages relating to the ayacatdars to whom the Government has assured supply of water and also the right of the petitioners to draw water through underground pipelines. This is a matter for the fact finding authority to decide. Considering the grievance of the petitioners, if they have applied to the competent authority for redressal of their grievances, the respondents to dispose of the applications of the petitioners expeditiously. The writ petitions are ordered accordingly. Order in W.P.No.4074 of 1986:- This writ petition was dismissed for default previously. By virtue of the order passed today in W.M.P.No.9188 of 1997, this matter is restored to file. 2. The arguments of both sides are heard. 3. The learned counsel for the petitioner stated across the Bar that this Court in a similar matter, W.P.Nos.5115 and 5116 of 1987 by a common order dated 28.7.1994 gave a direction. The above referred to decision is squarely applicable to the above writ petition as it relates to the same subject matter. 4. Having gone through the direction given by this Court on 28.7.1994 in W.P.Nos.5115 and 5116 of 1997, the following order is passed. "This is a matter for the fact finding authority to decide. Considering the grievance of the petitioners, if they have applied to the competent authority for redressal of their grievances, the respondents to dispose of the applications of the petitioners expeditiously. The writ petitions are ordered accordingly." 4. "This is a matter for the fact finding authority to decide. Considering the grievance of the petitioners, if they have applied to the competent authority for redressal of their grievances, the respondents to dispose of the applications of the petitioners expeditiously. The writ petitions are ordered accordingly." 4. In the said orders, this Court directed the respondents to dispose of the applications expeditiously, as the claim of the petitioners in those writ petitions is with reference to the right to draw water through underground pipelines from Aliyar river and various channels and the same is a matter to be decided by the fact finding authorities. In spite of the above directions, the Government proposed to evict the petitioners, treating the installation of underground pipelines is an encroachment by the impugned proceedings dated 20.9.2002, which is challenged in Writ Petition No.37893 of 2002. 5. Mr.G.Rajagopalan, learned Senior Counsel appearing for the petitioners, contends that the respondents ought not to have passed the impugned order of eviction, without giving an opportunity to the petitioners to explain their case, for which they are entitled to, in view of the orders of this Court in W.P.Nos.5115 & 5116/87 and W.P.No.4074 of 1986 dated 28.7.1994 and 24.06.1997 respectively. 6. Per contra, Mrs.Rani Selvam, learned Government Advocate, based on the instructions, contends that the petitioners are not entitled to seek the above relief, as a matter of right. 7. I have given a careful consideration to the submissions of both sides. 8. The issue that arises for my consideration is whether the petitioners are entitled to pump out water from Aliyar River and various channels for the purpose of irrigation by installing underground pipelines to the petitioners' well. If so, whether they are entitled to approach this Court under Article 226 of the Constitution of India. 9. The petitioners seek the above relief merely based on Section 7, Illustration 1 of the Indian Easement Act, contending that they have got a right to take water from Aliyar River and other channels. Such claim of the petitioners, in my considered opinion, cannot be decided in a writ proceedings under Article 226 of the Constitution of India, as it has to be decided based on the evidence relating to the facts of the case. Such claim of the petitioners, in my considered opinion, cannot be decided in a writ proceedings under Article 226 of the Constitution of India, as it has to be decided based on the evidence relating to the facts of the case. To this extent, I find that the petitioners are not entitled to approach this Court under Article 226 of the Constitution of India, to seek a writ of Mandamus to direct the respondents to regularise the taking up of water from Aliyar river and other channels for irrigation purpose. However, with respect to the impugned proceedings dated 20.9.2002, I do not find any objection from the respondents with respect to pumping out of water from Aliyar River and various channels. The impugned order is only related to the installation of underground pipelines, treating them as encroachment, without even referring to the installation of underground pipelines. To this extent, the impugned order is vague and liable to be struck down as unreasonable. Therefore, except to give liberty to the respondents to proceed in a manner known to law, assuming they are entitled to evict the petitioners, and to give a fair and reasonable opportunity to the petitioners, specifying the nature and extent of encroachment by the petitioners, no further orders are required in these writ petitions. 10. The disposal of the above writ petitions will not stand in the way to the rights of the petitioners to represent to the Government, seeking necessary licence for; (i) pumping out water from Aliyar river, if they are otherwise entitled to under relevant Regulations and Government Orders; and (ii) installation of underground pipelines from Aliyar river and various channels; within four weeks from the date of receipt of a copy of this order and on receipt of such representation, the respondents shall pass appropriate orders, on merits, in the light of the relevant Regulations and the Government Orders, within a period of three months from the date of receipt of the representation. Any further proceedings to evict the petitioners shall be subject to the finality on the representation of the petitioners and till then, the respondents are directed to maintain status-quo. These writ petitions are ordered accordingly. No costs. Consequently, W.P.M.P.Nos.56833/2002 and 12484/2003 are closed.