Muniyandi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.5958 to 5961 of 2017 and W.M.P.(MD).Nos.4703, 4705, 4707, 4709 of 2017 and W.M.P.(MD).Nos.4702, 4704, 4706, 4708 of 2017 and W.M.P(MD).Nos.6660, 6659, 6662, 6661 of 2017 Muniyandi :Petitioner in W.P.(MD).No.5958 of 2017 D.Ramachandran :Petitioner in W.P.(MD).No.5959 of 2017 Shanmugam :Petitioner in W.P.(MD).No.5960 of 2017 Selvam :Petitioner in W.P.(MD).No.5961 of 2017 Vs.

1.The Tahsildar, Tirupuvanam Taluk, 2.The Assistant Executive Engineer, Public Works Department, Water Resources Wing, Irrigation No.1, Tirupuvanam, 3.The District Collector, : Respondents in all Writ Petitions (R3 is impleaded vide Court Order dated 25.04.2017 in W.M.P(MD).Nos.5609, 5565, 5608, 5566 of 2017) COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India to issue Writs of Certiorari, calling the records relating to the proceedings of first respondent made in Na.Ka.A1/4220/2016, dated 18.08.2016 and the consequential proceedings of second respondent issued in Form III dated 26.10.2016

and quash the same.

For Petitioners : Mr.N.Mohideen Basha In all the Writ Petitions For Respondents : Mr.M.Govindan In all the Writ Petitions Special Government Pleader C O M M O N O R D E R *************************** [Order of the Court was made by G.R.SWAMINATHAN, J.] In these writ petitions, the proceedings of the first respondent in Na.Ka.A1/4220/2016, dated 18.08.2016 are under challenge.

2.It is seen from the records that the writ petitioners are in occupation of a kanmai comprised in Survey No.193/1, Vavirenthal Village, Thirupuvanam Taluk, Sivagangai District. The writ petitioners contended that they have been cultivating the encroached area for several years. Even though, the writ petitioners are engaged in agricultural activities, it is not possible to accede to the prayer made by the writ petitioners.

3.This Court has consistently held that encroachment of water bodies cannot be permitted. The respondents have rightly taken action for evicting the writ petitioners.

4.We, therefore, find no reason to interfere with the orders passed by the respondents. At this stage, the learned counsel for the petitioners submitted that the petitioners have planted crops and that sufficient time should be given for harvesting the same. We, therefore, direct the authorities to defer their actions to remove the encroachments till 31.12.2017. It is open to the petitioners / encroachers to complete their harvest and remove their articles. The authorities are directed to completely clear the encroachments in the Kanmai in Survey No.193/1, Vaivirenthal Village immediately thereafter.

5.These writ petitions are dismissed with the above observation. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To:

1.The Tahsildar, Tirupuvanam Taluk,

2.The Assistant Executive Engineer, Public Works Department, Water Resources Wing, Irrigation No.1, Tirupuvanam, 3.The District Collector, +1cc to Mr.N.MOHIDEEN BASHA Advocate in SR. NO.68741 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.68973 TSG/SKM JS/GT/SAR.3/17.08.2017/ 3P-6C Order made in W.P.(MD)No.5958 to 5961 of 2017 dated: 27.07.2017