Madras High CourtWP/13493/2021disposed of

S.Karthikeyan v. The District Collector

2022-03-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.04.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.13493 of 2021 and W.M.P.Nos.14361 and 14363 of 2021

1. S.Karthikeyan, S/o Seenivasan

2. K.Sarnitha, D/o S.Karthikeyan ..Petitioners Vs.

1. The District Collector, Tiruppur District, Tiruppur-641 601.

2. The Deputy Director of Agriculture, Collectorate Complex, Tiruppur-641 601.

3. The Revenue Divisional Officer, Collectorate Complex, Tiruppur-641 601.

4. The Block Development Officer, Office of the Palladam Village Panchayat Union, Palladam-641 664, Tiruppur District.

5. The Tahsildar, Office of the Tahsildar, Palladam-641 664, Tiruppur District.

6. The Panchayat President, Office of the Village Panchayat, Karadivavi-641 658, Tiruppur District.

7. Mrs.P.Rajamani, Secretary, Office of the Village Panchayat, Karadivavi-641 658, Tiruppur District.

8. The Assistant Engineer, Tamil Nadu Electricity Board, Karadivavi-641 658,

9. The Inspector of Police, Kamanaickenpalayam Police Station, Palladam Taluk, (Ninth respondent suo-motu impleaded, vide order dated 29.06.2021 made in W.P.No.13493 of 2021) ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 6 to remove all the illegal encroachments in the rain fed water tank, namely 'Chinnakuttai' in S.F.No.

68/2 situated in the centre of the Karadivavi Village in Palladam Taluk, Tiruppur District made by the residents of the Karadivavi Village who have property and houses in the same village, both inside the water body as well as by blocking the water in-lets feeding the water body, as these encroachments in the village water body includes houses, buildings, power-loom weaving units, cattle and poultry sheds, which have been in many cases rented out to third parties, one of the encroachers being the seventh respondent/Village Panchayat Secretary herself, thereby denying the valuable right to irrigation of the petitioners as Ayyakkattudharars of the 'Chinnakuttai' for more than 10 years as there is no water storage in the 'Chinnakuttai' Pond and also as there is no ground water augmentation in the adjacent petitioners' land and agricultural Wells and consequently direct the respondents to pay a compensation of Rs.

22,50,000/- for the loss of livelihood on account of the inability of petitioners to raise crops in their land due to the unavailability of water, and also to pay an amount of Rs.2,25,000/- for every year of income lost hereinafter to the petitioners till all the encroachments in the above said 'Chinnakuttai' Pond are removed and the water inflow into the 'Chinnakuttai' Pond is restored to its original position, based on the representation of the petitioners, dated 03.06.2021. For petitioners : Mr.M.Purushothaman For respondents : Mr.P.Muthukumar, State Govt. Pleader assisted by Mr.S.J.Md.Sathik, Govt. Advocate for RR-1 to 6 and 9 Mr.B.Sruthan for R-7 Mr.M.

ORDER

(The Order of the Court was made by The Honourable Chief Justice) Today, the Writ Petition is listed under the caption "for reporting compliance" of the interim order passed by this Court on 23.03.2022.

2. The Writ Petition is filed seeking to direct the respondents 1 to 6 to remove the encroachments in the land in question, including the water tank therein.

3. A counter affidavit, dated 04.04.2022, is filed by the learned Government Pleader appearing for the respondents 1 to 6 and 9, stating that all the encroachments have been removed except the water tank.

4. In view of the above counter affidavit filed by the learned Government Pleader, we record satisfaction of the said order dated 23.03.2022 passed by this Court, as action has already been initiated by the respondents 1 to 6 and 9 themselves.

5. As far as the encroachment in the water tank, constructed by Government itself, is concerned, it is seen that it is catering to the need of the persons residing near-by. However, we keep the issue open for the Government to take decision as to whether it has to be re-located or not, after ascertaining its condition, and if it is not in proper condition, then they shall freshly construct it, if necessary, or it shall be shifted to appropriate place.

6. With the above observations, the Writ Petition is closed.

7. However, it is made clear that the respondents 1 to 6, 8 and 9 shall now maintain the water tank in question and no encroachment shall be permitted otherwise and in case of any encroachment again, the Officer responsible to monitor the area, would be made personally responsible for the same, which may include the disciplinary action for commission of default in carrying out the duties. Therefore, full care shall be taken by the respondents 1 to 6 and 9 to the effect that hereafter, the water tank is properly maintained and at the same time, no encroachment is again permitted. The restoration work of the water tank in question, if necessary, shall be taken in due course of time and the same shall be started not beyond the period of four months from today.

8. No costs. Consequently, W.M.Ps. are closed. Sd/- Deputy Registrar (CS) //True Copy// Sub Assistant Registrar cs/grs To