JUDGMENT : 1. As the issue raised in both the writ petitions are one and the same, they were taken up together and are disposed of by this common order. 2. Both these writ petitions are filed by the Bhavani Aaru Neeratru Pasana Vivasayigal Sangam whose members are small farmers of the same area who are cultivating their own lands. The case of the petitioner in W.P. No: 54 of 2014 is that its members are the absolute owners of the property measuring a total extent of more than 4500 acres in Sathyamangalam and Gobichettipalayam Taluks. Individual wells are situated in their patta lands nearby Bhavani river and in order to irrigate the entire extent of their lands, the members of the petitioner association had submitted applications to the Chief Engineer (Irrigation) of the Public Works Department, Coimbatore, seeking track permit to lay underground pipelines through Government poromboke lands for taking water from their wells. After obtaining inspection report from the Executive Engineer, the Chief Engineer (Irrigation) issued track permits vide proceedings in Ni. Mu. 53252/88/A6 dated 08.06.1988. Such permits were being granted to other people also. According to the petitioner, while granting the track permit certain conditions were imposed by the Chief Engineer. One of the conditions is that the members of the petitioner association being the grantee shall pay the Government a sum of Rs.325/- as track rent along with the first kist of every year. Accordingly, pipe lines were laid by the members of the petitioner association at the cost of about Rs.5,00,000/- to Rs. 15,00,000/- depending upon the length of the pipeline, by borrowing huge loans from the nationalised banks. Since the year 1998, the members of the petitioner association have been paying the track rent, water cess and kist periodically. Since the wells are situated near the Bhavani River, the possibility of percolation of river water into the wells is very much likely and hecen, the Chief Engineer of the P.W.D. Department, in the track permit itself, had directed the members of the petitioner association to pay water cess for the usage of the water percolated into the wells of the members of the petitioner association situated in their respective survey numbers. Accordingly, they were remitting the same. The members of the petitioner association are raising crops like paddy, sugarcane, turmeric, plantain, etc. Accordingly, they were remitting the same. The members of the petitioner association are raising crops like paddy, sugarcane, turmeric, plantain, etc. in their field by obtaining agriculture loan from the Agriculture Co-operative Banks and other nationalized banks. According to the petitioner, due to insufficient rainfall and climatic changes, there was a drastic fall in the yield from the fields and therefore, their members are suffering a lot. Now, the respondents are attempting to interfere with the rights of the members of the petitioner association from drawing water from their individual wells and borewells and are taking coersive steps to disconnect their Agricultural Electricity Connections, without following the due process of law and hence the petitioner association first filed W.P. No: 54 of 2014. This Court granted an interim order for not disconnecting the Free Agricultural Electricity Service Connections. 3. Thereafter, as the respondents tried to remove the pumpsets without following the due process of law, the petitioner association came up with another writ petition in W.P. No: 3784 of 2014 by contending that its members are cultivating more than 4000 acres of land nearby the Bhavani River and they depend upon only these lands for livlihood and if the respondents remove the pumpsets and thereby prevent them drawing water from the Bhavani river, all the crops raised will dry without water and it will cause great hardship and irreparable loss to them. Expressing their problem, the members of the petitioner association have sent a representation on 28.12.2013 and another one on 03.02.2014. Those representations have not been considered yet is their grievance. 4. The Chief Engineer ( Irrigation ), Public Works Department, Coimbatore Region, stating that the track permit granted is only to lay down the pipe line for carrying the water from well and it is not for drawing the water directly or indirectly from Bhavani River for irrigation purposes. It is also stated that a special committee meeting in respect of Gobichettipalayam Revenue Division was convened by the Sub Collector on 19.12.2013 with the P.W.D. / W.R.D., T.N.E.B., Agriculture, Revenue and Police Department officials. In the above meeting, it was resolved that initially prior notice be served and then initiate action to disconnect the electricity service connection of the illegal tapers directly / indirectly from the Bhavani River as per the judgment delivered in W.P No: 27852 of 2003 dated 08.10.2003 and the same is under progress. In the above meeting, it was resolved that initially prior notice be served and then initiate action to disconnect the electricity service connection of the illegal tapers directly / indirectly from the Bhavani River as per the judgment delivered in W.P No: 27852 of 2003 dated 08.10.2003 and the same is under progress. The Chief Engineer, has further submitted that the modus operandi of illegal tapping / drawing of water from the Bhavani River is as follows :- i. The adjacent non-ayacutars along the Bhavani River have installed oil engines on near by river banks and pump the water directly from Bhavani River illegally to their non ayacut lands. ii. The non – ayacutdars also dug wells near by the Bhavani River banks to draw water to their wells through the Electric Motor put directly in the river illegally and carry the water to far-away places for cultivating non-ayacut lands. iii. The water from the river is illegally drawn through pipe line which connect the existing well and river source. Further they dug well away from the river and got electric connection line showing that they are pumping the water from the well only. Besides this, they have made bore holes from their wells and connect river and draw water illegally from Bhavani river. 5. According to the Chief Engineer (Irrigation), the illegal tapping/drawing of water from Bhavani River directly or indirectly affect the flow of water to the existing drinking water supply schemes and Thadapalli and Arakkankottai Channel and the drawal of water in Kalingarayan channel by unathorized pumpsets have cerated shortage of water supply to the tail end of Kaligarayan channel ayacuters. Below the Bhavanisagar Dam in Bhavani river there are two old irrigation systems namely Kodiveri anicut systema nd Kalingarayan anicut system having a registered ayacut of 24504 acres and 15743 acres repectively. One U.S. Palanivel, ayacutdars of Kaligarayan channel has filed a writ petition before this Court in W.P. No: 27852 of 2003 praying to remove the unauthorized pump sets in Bhavani river and Kalingarayan channel in which a Division Bench of this Court, on 08.10.2003, had directed the authorities to initiate action against such illegal tapping / drawing of water concerned. It is further submitted that the Government of Tamil Nadu also issued G.O. Ms. No: 1766 dt. 31.10.1988 in respect of Palar Basin prohibiting tapping of water within 20 mts. It is further submitted that the Government of Tamil Nadu also issued G.O. Ms. No: 1766 dt. 31.10.1988 in respect of Palar Basin prohibiting tapping of water within 20 mts. from river bunds and further the Government of Tamil Nadu also issued letter in letter No: 1909 / PWD/2011-1 dt. 14.03.2013 clarified that water cannot be tapped within 200 mts. from the river bund and further warned that if the rules are not followed, departmental action will be initiated against the official concerned. Further, it is submitted by the respondent that the members of the petitioner association are also illegally tapping water either directly or indirectly from the river (or) from bunds (or) wells digged 200 metres from river bund (or) by putting side Bore well near by the river bund and trapping the water from the river. 6. In the counter affidavit filed by the Superindent ending Engineer of TANGEDCO, Gobi Electricity Distribution Circle, Katcherimedu, Gobi, while confirming the order passed by this Court earlier on 09.10.2013 in the writ petition filed by one U.S. Palanivel in W.P. No: 27852 of 2003, it is further stated that the said U.S. Palanivel filed a contempt petition before this Court to implement the order passed on 09.10.2013. Hence, the Public Works Department in their letter dt. 12.12.2013 requested the Electricity department to remove the illegally tapped pipe lines from Bhavani River by disconnecting the service connection for avoiding electrical injury at the time of removing the pipe line. The TANGEDCO has disconnected the service connection only on 18.12.2013 on the request of the Public Works Department as a precautionary measure and the same will be restored on further directions. 7. I have heard the learned counsel on either side and perused the material documents made available on record. 8. The petitioner in both the writ petitions, namely Bhavani Aaru Neeratru Pasana Vivasayigal Sangam, consist of small farmers of the same area who are cultivating their own lands. They are the absolute owners of the property measuring a total extent of more than 4500 acres in Sathyamangalam and Gobichettipalayam Taluks. 8. The petitioner in both the writ petitions, namely Bhavani Aaru Neeratru Pasana Vivasayigal Sangam, consist of small farmers of the same area who are cultivating their own lands. They are the absolute owners of the property measuring a total extent of more than 4500 acres in Sathyamangalam and Gobichettipalayam Taluks. Individual wells are situated in their patta lands nearby Bhavani river and in order to irrigate the entire extent of their lands, the members of the petitioner association had submitted applications to the Chief Engineer (Irrigation) of the Public Works Department, Coimbatore, seeking track permit to lay underground pipelines through Government poromboke lands for taking water from their wells. The Chief Engineer (Irrigation) issued track permits vide proceedings in Ni. Mu. 53252/88/A6 dated 08.06.1988, by imposing certain conditions. One of the conditions is that the members of the petitioner association being the grantee shall pay the Government a sum of Rs.325/- as track rent along with the first kist of every year. Accordingly, pipe lines were laid by the members of the petitioner association at the cost of about Rs.5,00,000/- to Rs. 15,00,000/- depending upon the length of the pipeline, by borrowing huge loans from the nationalised banks. Since the wells are situated near the Bhavani River, the possibility of percolation of river water into the wells is very much likely and hence, the Chief Engineer of the P.W.D. Department, in the track permit itself, had directed the members of the petitioner association to pay water cess for the usage of the water percolated into the wells of the members of the petitioner association situated in their respective survey numbers. Accordingly, from the year 1998, the members of the petitioner association have been paying the track rent, water cess and kist periodically. The members of the petitioner association are raising crops like paddy, sugarcane, turmeric, plantain, etc. in their field by obtaining agriculture loan from the Agriculture Co-operative Banks and other nationalizede banks and due to insufficient rainfall and climatic changes, there was a drastic fall in the yield from the fields and therefore, their members are suffering a lot. Now, the respondents are attempting to interfere with the rights of the members of the petitioner association from drawing water from their individual wells and borewells and are taking coersive steps to disconnect their Agricultural Electricity Connections, without following the due process of law. Now, the respondents are attempting to interfere with the rights of the members of the petitioner association from drawing water from their individual wells and borewells and are taking coersive steps to disconnect their Agricultural Electricity Connections, without following the due process of law. When the petitioner association filed a writ petition in W.P. No: 54 of 2014 and obtained an interim order, the respondents tried to remove the pumpsets without following the due process of law which compelled the petitioner association to file another writ petition in W.P. No: 3784 of 2014 forbearing the respondents from interfering with the right of the members of the petitioner association to draw water from the Bhavani River and also regularize the unathorized pumpsets in the light of the G.O. Ms. No: 2183 dated 19.12.1965 relating to Cauvery River. Expressing their problem, the members of the petitioner association have sent a representation on 28.12.2013 and another one on 03.02.2014. Those representations have not been considered yet is their grievance. 9. Mr. F.B. Benjamingeorge, learned counsel appearing for the petitioners in both the writ petition would contend that the members of the petitioner association are drawing and pumping water only from their wells situate in their patta lands for the past several years after obtaining due track permit for agricultural purposes and the attempt on the part of the authorities in attempting to disconnect the electricity service connection and the removing the pumpsets are clear violation of the principales of natural justice. According to the learned counsel, the members of the petitioner association are not parties to any of the proceedings initiated by one U.S. Palanivel and that they were put on notice about any such order being passed by this Court in the writ petition said to have been filed by the said U.S. Palanivel. According to the petitioner, the attempts made by the authorities are in clear violation of the rights conferred upon them under Article 21 of the Constitution of India depriving the life of livelihood of the members of the petitioner association. Learned counsel would further submit that the petitioner had sent repeated representations to the Government seeking No Objection Certificate for drawing and pumping water from he river. But till date there is no response from the Government. 10. On the other hand, Mr. Learned counsel would further submit that the petitioner had sent repeated representations to the Government seeking No Objection Certificate for drawing and pumping water from he river. But till date there is no response from the Government. 10. On the other hand, Mr. R. Rajeswaran learned Special Government Pleader appearing for the State Government in both the writ petitions and Mr. S.K. Rameshwar learned counsel appearing for the Tamil Nadu Electricity Board would contend that the members of the petitioner association have laid pipeline which connect the existing wells and river source and thus they draw water to their wells directly and then pump the water to far-away places for agriculture purpose and such illegal drawal of water from Bhavani river had affected the free flow of water to the tail end of Kalingarayan channel ayacuters. One such affected agriculturists namely U.S. Palanivel filed a writ petition in W.P. No: 27852 of 2003 which came to be disposed of by a Division Bench of this Court on 08.10.2003 with directions to the authorities to initiate action against such illegal tapping / drawing of water concerned. According to the learned Special Government Pleader, only by way of implementing the orders passed by this Court in W.P. No: 27852 of 2003, actions were initiated against the farmers who were found illegally tapping / drawing water from the Bhavani river and, therefore, the action of the authorities cannot be found fault with in any way. According to him, the department officials are taking action against only illegal tapping and drawing of water from Bhavani river and not against those who are legally tapping and drawing water from Bhavani river for the purpose of agriculture. 11. Be that as it may. The question as to whether all the members of the petitioner association are legally or illegally tapping and drawing water from the Bhavani river cannot be gone into by this Court in this writ petition. It is not disputed by any official that members of the petitioner association are involved in any other avocation than agriculture. Similarly, it is borne out from records that with respect to Cauvery river bed agriculturists, the Government had passed a Government Order in G.O. Ms. No: 2183 dated 19.12.1963 regularizing and granting permission to organize the irrigation and drawal of water from the Cauvery river. Similarly, it is borne out from records that with respect to Cauvery river bed agriculturists, the Government had passed a Government Order in G.O. Ms. No: 2183 dated 19.12.1963 regularizing and granting permission to organize the irrigation and drawal of water from the Cauvery river. In my view, it is time that Government take a decision in this matter also. In this regard, the members of the petitioner association have sent a representation on 28.12.2013 and another one on 03.02.2014, which are still pending consideration. 12. Considering the facts and circumstances of the case, both these writ petitions are disposed of with a direction to the concerned respondents to consider both the representations dated 28.12.2013 and 03.02.2014 on merits, hear the parties concerned and dispose of the same in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. Till a decision is taken by the concerned authorities, all the parties shall maintain status quo as on today. 13. At this juncture, it would be pertinent to state that a miscellaneous petition in M.P. No: 2 of 2014 is filed in W.P. No: 54 of 2014 by Mr. U.S. Palanivel of Erode District, praying to implead him as party – 7th respondent in the writ petition. As stated supra, he is the person who filed W.P. No: 27852 of 2003 which came to be disposed of by this Court on 08.10.2003 and even according to the Chief Engineer (Irrigation), only in compliance of the orders passed by this Court in that writ petition and the subsequent contempt petition, the authorities have taken action against the persons drawing water illegally from Bhavani River and Kaligarayan channel. Since this Court has only directed the authorities to take a decision on the representations of the writ petitioners dated 28.12.2013 and 03.02.2014 as they claim that they are not illegally drawing or pumping water from Bhavani river, it is open to the proposed impleading party also to go before the authorities concerned and put forth his grievances in accordance with law. In view of the above directions, no separate order is passed in M.P. No: 2 of 2014 and accordingly all the miscellaneous petitions are closed. There shall be no orders as to the costs.