Don’t provide government welfare schemes including agriculture loans, subsidies for seeds and fertilizers to farmers who extract water from Aliyar Basin Division Canal illegally, the Madras high court has directed the state government.
“Tamil Nadu all along has been fighting hard with the neighbouring states to get equal distribution of water. Tribunals are constituted for proportionate distribution of water. Ironically, the government departments within are unable to protect the theft of water by miscreants,” Justice S M Subramaniam said.
He added that a vibrant democracy under the constitution can be achieved only if law-abiding citizens and their rights are protected.
“Lawlessness is anti-democratic and thus in the name of democracy or taking cover under democracy or rights, lawlessness at no circumstances can be tolerated. No right under the constitution is absolute, but subject to restrictions,” he said.
The court passed the order on a plea moved by K Paramasivam seeking action against illegal extraction of water from Aliyar canal.
Asserting that such persons extracting water illegally must be prosecuted for ‘theft’ under the IPC, the court said, “In the present case, water released from the dam or otherwise through a canal belongs to the government.”
“Equal distribution of water to all eligible Ayacutdars (beneficiaries of the canal) is of paramount importance. Water is life. Any irregularities and the illegalities in this regard must be viewed seriously. Water is being precious and essential, distribution of the same cannot be at whims and fancies,” the court added.
The very mindset prevailing amongst the farmers and other people that water is common for all, and they can tap water as they like and use as they wish is a wrong notion, which is unlawful, the court said.
Disposing of the plea, the court posted the plea to January 25 for the authorities to report compliance.

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