The Madurai Bench of Madras High Court dismissed the appeal preferred by the State government against a Single Bench order that held Public Works Department had to award kudimaramathu works only in favour of farmers organisations constituted under Tamil Nadu Farmers Management of Irrigation Systems Act, 2000.
A Division Bench of Justices N. Kirubakaran and B. Pugalendhi observed that it was a settled position that when the statute requires a particular act to be done in a particular manner, it had to be done in that manner alone and not in any other way. The court said that there was no merit in the appeal.
When the Act prescribes certain mechanisms for the formation of the association and for the execution of Kudimaramathu work in a transparent manner, the authorities concerned were not justified in awarding the works to an association registered under Tamil Nadu Societies Registration Act, 1975.
The court took note of the fact that in Sivaganga district, the works had hardly commenced and in a hurried manner an association was created and a work order was issued. The court dismissed the appeal. The Single Bench had given elaborate directions on the conduct of the kudimaramathu works.
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