P.Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Kumar .. Petitioner Vs 1.The District Collector, Salem, Collectorate Complex, Brett's Road, Salem-636 001.
2.The Revenue Divisional Officer, Sankagiri, No.15, Sankagiri-Thiruchengode Road, Sankagiri, Salem District-637 301.
3.The Tahsildar, Sankagiri Taluk, Salem District-637 301.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to take appropriate action to remove the encroachment made in the
canal running through Survey Nos.34 and 70 of Koneripatti Agragaram Village and to restore the canal to is original position. For the Petitioner : Mr.K.Harishankar For the Respondents : Mr.P.Muthukumar State Government Pleader
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) P.Kumar, son of Ponnusamy Groundar, a resident of Thambagoundanur, Nedungulam Village, Edappadi Taluk, has filed this writ petition for issuance of a writ of mandamus directing the respondents to remove the encroachment made in the canal running through Survey Nos.34 and 70 of Koneripatti Agragaram Village and to restore the same to its original position.
2. The grievance of the petitioner is that he has been cultivating his ancestral lands situated in Koneripatti Agragaram Village for the past 25 years and the main source of irrigation for his lands and the adjacent lands is a canal originating at a Check Dam at S.No.19 of Koneripatti Agragaram. The canal passes through
S.Nos.18/1, 19, 34, 68/1, 69/1, 70, 72/1, 209/5, 210/2 and 211/3 situated in Nedungulam and Koneripatti Agragaram villages and the said canal is the primary channel through which excess water from the Check Dam reaches the Cauvery river.
3. According to the petitioner, some private persons have encroached upon the Odai poramboke land and have put up unauthorised developments on the canal at Survey Nos.34 and 70. Owing to the encroachments put up, the petitioner is unable to get water for irrigating his lands. To fortify his plea, learned counsel for the petitioner has produced photographs and a copy of the "A" register showing that the lands covered in Survey Nos.34 and 70 are classified as "Odai" (waterbody).
Since the water canal has been encroached, the petitioner seeks removal of the encroachments made in the canal running through Survey Nos.34 and 70.
4. Learned State Government Pleader appearing for the respondents submitted that if any one had encroached upon the
canal running through Survey Nos.34 and 70, the same will be removed after issuance of notice to the encroachers.
5. We do not find any justification in the argument made by the learned State Government Pleader that the encroachment will be removed after issuance of notice to the encroachers. Once it is apparent from the revenue records that the lands covered in Survey Nos.34 and 70 are classified as Odai, it is the bounden duty of the respondent authorities to remove the encroachments forthwith, for which, in our considered view, no notice is required to be issued to the encroachers.
6. We, therefore, direct the respondent authorities to remove the encroachments made in the canal running through Survey Nos.34 and 70 of Koneripatti Agragaram village, within a period of three weeks from the date of receipt of a copy of this order and restore the canal to its original position.
7. With the above observation and direction, the writ petition is disposed of. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 23.02.2023 Index :
No No bbr To:
1.The District Collector, Salem, Collectorate Complex, Brett's Road, Salem-636 001.
2.The Revenue Divisional Officer, Sankagiri, No.15, Sankagiri-Thiruchengode Road, Sankagiri, Salem District-637 301.
3.The Tahsildar, Sankagiri Taluk, Salem District-637 301.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr 23.02.2023