Madras High Court
Idol At Sakthi Kumaran Senthil Temple vs The District Collector on 23 November, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
W.P(MD)No.5190 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.5190 of 2022
and
W.M.P.(MD)Nos.4217, 4220 and 4221 of 2022
Idol at Sakthi Kumaran Senthil Temple,
Through its Founder and Managing Trustee,
SP.Lakshmanan,
Muthalamman Koil Padithurai Street,
Paramakudi, Ramanathapuram District. ... Petitioner
Vs.
1.The District Collector,
Ramanathapuram District,
Ramanathapuram.
2.The Assistant Engineer,
Water Resources Department,
Parthibanur Regulations Section,
Paramakudi,
Ramanathapuram District.
3.The Tasildhar,
Paramakudi Taluk,
Ramanathapuram District. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5190 of 2022
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, calling for the
records pertaining to the letter Ka.No.15/2022/Vu.Po./Pa.Maa.A/Parama/
dated 27.02.2022 and consequential Form III dated 15.03.2022 issued by
2nd Respondent under the Tamil Nadu Protection of Tanks and Eviction
of Encroachment Act 2007 in respect of Petitioner/Temple situated in
Muthalamman Kovil Padithurai, Paramakudi and quash the same.
For Petitioner : Mr.S.Manohar
For Respondents : Mr.V.Nirmal Kumar,
Government Advocate.
ORDER
Heard the learned counsel on either side.
2.The case of the respondents is that the petitioner had committed
encroachment in respect of Vaigai river. Form III notice had been issued
under the provisions of the Tamil Nadu Protection of Tanks and Eviction
of Encroachment Act 2007.
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3.The learned counsel appearing for the petitioner pointed out that
the encroachment of river poramboke cannot be dealt with under 2007
Act and he relied on the decision of the Hon'ble Full Bench reported in
2015 (6) CTC 369 (T.K.Shanmugam V. State of Tamil Nadu). Paragraph
Nos.10 and 45 of the said judgment had held as follows:-
“ 10. The order of reference dated 05.08.2015,
passed by the First Bench in W.P.No.1294 of 2009,
reads as follows:-
The public interest litigation seeks patta rights
for the persons who have encroached on land, which is
undisputedly water course land. The claim of the
petitioner is predicated on a long period occupation.
2. The submission of the learned counsel for the
petitioner is that the judgment of the Division Bench of
this Court in L.Krishnan Vs. State of Tamil Nadu (2005
(4) CTC 1) seeking removal of encroachment from
water bodies is general in character, as also the
observations of the Honourable Supreme Court in
different judicial pronouncements. He submits that this
aspect has been examined by the Division Bench of this
Court in Sivakasi Region Tax Payers Association Vs.
State of Tamil Nadu, rep., by its Secretary to
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Government & Others (CDJ 2008 MHC 2127), where it
has been observed that in pursuance to the judgment of
the Division Bench of this Court in L.Krishnan's case
(supra), the Tamil Nadu Protection of Tanks and
Eviction of Encroachment Act, 2007, came into being.
This Act provides for checking encroachment and
eviction of encroachment in tanks which are under the
control and management of Public Works Department.
It is, thus, submitted that such of the tanks which do not
fall within the purview of the Act cannot be subjected to
requiring protection from encroachment and this,
persons like the petitioner cannot be evicted.
3. The question thus arises for consideration is
whether the provisions of the said Act in effect in any
manner dilutes the wider compass of the observations
made in L.Krishnan's case (supra) or any other
judgments of the Hon'ble Supreme Court, requiring
protection of water bodies.
4. We are of the view that this matter needs to be
examined by a Larger Bench of this Court. Papers be
prepared. The matter be laid before the Full Bench on
02.09.2015.
5. We appoint Mr.Naveen Kumar Murthi as
Amicus to assist us in this matter and a complete set be
supplied by the Registry to him.
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...
45. In the light of the above, we answer the
reference on the following terms:-
“ The provisions of the Tamil Nadu Protection of
Tanks and Eviction of Encroachment Act, 2007, does
not in any manner dilute the observations/directions
issued in L.Krishnan Vs. State of TamilNadu reported
in 2005 (4) CTC 1, as quoted with the approval by the
Hon'ble Supreme Court in Jagpal Singh Vs. State of
Punjab, reported in (2011) 11 SCC 396, and the
observations contained in paragraph 20(d)(e) of the
judgment of the Division Bench in T.S.Senthil Kumar,
Vs. Government of Tamil Nadu, reported in 2010(3)
MLJ 771 and that the tanks which do not fall within the
purview of the Tamil Nadu Protection of Tanks and
Eviction of Encroachment Act, 2007, also require
protection from encroachment and any encroachment
made in such Tanks or Water bodies have to be removed
by following the provisions of the Tamil Nadu Land
Encroachment Act, 1905.”
4.Under the provisions of the Tamil Nadu Protection of Tanks and
Eviction of Encroachment Act, rivers are not specifically dealt with. We
are therefore of the view that the encroachment on river poramboke will
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have to be dealt with under the provisions of the Tamil Nadu Land
Encroachment Act 1905.
5.In this view of the matter, Form III notice is quashed. The
competent authorities are at liberty to take action as per law. This writ
petition stands allowed on these terms. No costs. Consequently,
connected miscellaneous petitions are closed.
(G.R.S.J.,) & (B.P.J.,)
23.11.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The District Collector,
Ramanathapuram District,
Ramanathapuram.
2.The Assistant Engineer,
Water Resources Department,
Parthibanur Regulations Section,
Paramakudi,
Ramanathapuram District.
3.The Tasildhar,
Paramakudi Taluk,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
and
B.PUGALENDHI, J.
ias
23.11.2023
https://www.mhc.tn.gov.in/judis
