M.Jayapal Rajan v. The District Colelctor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR M.Jayapal Rajan ... Petitioner vs 1.The District Collector, Thiruvarur District, Vilamal, Thiruvarur.
2.The Tahsildhar, Needamangalam Taluk, Needamangalam, Thiruvarur District - 614 404.
3.N.Moorthy 4.The Executive Engineer, Water Resources Department, Thiruvallur Region, Thiruvallur.
... Respondents (R4 impleaded suo motu vide order dated 07.11.2024 in W.P.No.32199 of 2024) Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct and first and second respondents to remove the encroachment and restore the irrigation canal passes through the land in S.No.124/2, 124/3, Page Nos.1/10
124/4 and 124/6 at Munnavalkottai Village, Needamangalam Taluk, Thiruvarur District in accordance with the Land Encroachment Act, 1905.
For Petitioner :
Mr.M.Jayapal Rajan, Party - in - person For Respondents :
Mr.M.S.Arasakumar, Government Advocate for R1, R2 and R4
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for removal of encroachment in a irrigation canal.
2. The petitioner who appears party-in-person before us submits that irrigation to his agricultural lands has been obstructed.
3. Issue notice to respondents.
4. Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 an R2 (official respondents).
5. Learned State counsel inter-alia adverting to the response Page Nos.2/10
which the petitioner has elicited under the Right To Information Act (RTI Act) points out that the alleged encroachment is in a canal (tha;f;fhy; Mf;ukzk;) and therefore it is the Water Resources Department which is vested with the powers to take action under the 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (hereinafter 'Tanks Act' for the sake of convenience and clarity) and Rules thereunder i.e., 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' (hereinafter 'Tanks Rules' for the sake of convenience and clarity).
6. As regards the Tanks Act, the vires was challenged in T.S.Senthil Kumar's case [T.S.Senthil Kumar vs. Government of Tamil Nadu] Reported in 2010 (3) MLJ 771 and a Division Bench in T.S.Senthil Kumar's case upheld the vires. Thereafter, a Full Bench in T.K.Shanmugam's case {T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397}, while reiterating T.S.Senthil Kumar's case upheld the vires of the Tanks Act and laid down the procedure to be followed and the procedure is in sub-clauses (i), (ii) and (iii) of sub-paragraph (f) of paragraph 15 thereat which reads as Page Nos.3/10
follows:
'15(f) We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under.
(i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued.
(ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks.
(iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the Page Nos.4/10
encroachment.'
7. Therefore, we suo motu implead Executive Engineer, Water Resources Department, Thiruvallur Region, Thiruvallur as R4 and Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R4 also.
8. Learned State counsel submits that R4 will now initiate action in accordance with Tanks Act and Tanks Rules. It will suffice to record the submission. Let the law take its own course. All the rights and contentions of alleged encroachers are preserved to the extent that they can raise all their grounds while action under Tanks Act and Tanks Rules is initiated.
9. Captioned WP is disposed of recording the stated position of the learned State counsel. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 07.11.2024 Index : Yes / No mmi Page Nos.5/10
To 1.The District Collector, Thiruvarur District, Vilamal, Thiruvarur.
2.The Tahsildhar, Needamangalam Taluk, Needamangalam, Thiruvarur District - 614 404.
3.The Executive Engineer, Water Resources Department, Thiruvallur Region, Thiruvallur.
Page Nos.6/10
M.SUNDAR, J., and K.RAJASEKAR, J., mmi 07.11.2024 Page Nos.7/10
ADDENDA M.SUNDAR, J., and K.RAJASEKAR, J., [Order of the Court was made by M.SUNDAR. J.,] Captioned WP is listed under the cause list caption 'FOR BEING MENTIONED'.
2. With regard to R4 which was suo-motu impleaded vide order dated 07.11.2024, learned State Counsel has erroneously given the region as 'Thiruvallur Region' whereas it should read as 'Tiruvarur Region'. Learned State Counsel expresses regret.
3. Mr.M.Jayapal Rajan, party-in-person / petitioner is also present before this Court.
Page Nos.8/10
4. With the consent of both sides, the region Thiruvallur occurring in five places of order dated 07.11.2024 in W.P.No.32199 of 2024, one place in Page No.1, two places in Page No.5, two places in Page No.6 are now corrected as 'Tiruvarur'. In all other aspects, order dated 07.11.2024 vide which the captioned WP was disposed of will remain the same. This proceedings will now serve as addenda / corrigendum to 07.11.2024 order and therefore, this proceedings shall be uploaded again along with 07.11.2024 order. Registry is directed to carry out necessary and consequential corrections.
[M.S., J] [K.R.S., J] 28.11.2024 mk Page Nos.9/10
M.SUNDAR, J., and K.RAJASEKAR, J., mk 28.11.2024 Page Nos.10/10