Madras High Court
Sampath vs Unknown on 1 February, 2024
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
W.P. No.23681 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
and
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.P. No.23681 of 2019 & W.M.P. No.23529 of 2019
Sampath Petitioner
v
1 The District Collector
Thiruvannamalai
Thiruvannamalai District
2 The Revenue Divisional Officer
Cheyyar
Thiruvannamalai District
3 The Tahsildar
Office of the Tahsildar
Vandavasi
Thiruvannamalai District
4 The Block Development Officer
Union Office
Vandavasi
Thiruvannamalai District
5 The Executive Engineer
(Operation & Maintenance)
Public Works Department (PWD)
Cheyyar
Thiruvannamalai District Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking
a writ of mandamus directing the respondents to consider the petitioner's
https://www.mhc.tn.gov.in/judis
representation dated 22.07.2019 and dispose of the same within a time frame.
1/6
W.P. No.23681 of 2019
For petitioner Mr. K.G. Senthilkumar
For respondents Mr. A. Selvendran
Special Government Pleader
ORDER
(made by S. VAIDYANATHAN, J.)
The petitioner is an Ayacutdarar having a wet land measuring 1.60
cents in S.No.46/5, 86/1, 86/2 and 86/3 in Karanai Village in Tiruvannamalai
District. He is also the ex-President of the said village. Alleging that the fourth
respondent was laying road in the Karanai tank, thereby, reducing the storage
capacity of the tank from 14 feet to 3 ½ feet and that the said encroachment
should be removed, the petitioner addressed a slew of representations, the last
of which is dated 22.07.2019, to the respondents.
2 According to the petitioner, in pursuance of one of his
representations, though the fifth respondent has addressed the third respondent
on 07.11.2018, there has been no progress further in the matter and the act of
the fourth respondent in laying road inside the Karanai tank is against the
provisions of the Tamil Nadu Protection of Tanks and Eviction of
Encroachment Act, 2007; hence, this writ petition for a direction to the
respondents to consider and pass orders on his representation dated
22.07.2019.
https://www.mhc.tn.gov.in/judis
3 At the threshold, it is worth pointing out that the Supreme Court
has, time and again, frowned upon encroachments made in water bodies.
Suffice to allude to the judgment of the Supreme Court in Sarvepalli
Ramaiah v District Collector, Chittoor District and others [(2019) 4 SCC
500], wherein, the importance of protecting water bodies has been
emphasised. The relevant portion of the said judgment reads thus:
“49. This Court has time and again emphasised
the need to retain and restore water bodies and held that
water bodies are inalienable land. Land comprised in
water bodies cannot be alienated to any person even if it
is dry.“ (emphasis supplied)
4 Considering the facts and circumstances of the case, the catena of
categorical pronouncements of the Supreme Court on the issue of protection of
water bodies and also in view of the limited scope of the relief sought by the
petitioner, we direct the respondents 1 to 3 and 5 to conduct an enquiry in
regard to the alleged laying of road by the fourth respondent in the Karanai
tank and if any encroachment is found, remove the same, of course, after
providing an opportunity of hearing to all the parties concerned. The entire
exercise shall be completed within a period of three months from the date of
receipt of a copy of this order.
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5 In the event of resorting to removal of encroachment, the
respondents shall adhere to the decision of a Coordinate Bench of this Court,
in which, one of us (SVNJ) was a Member, in N.Sankar v The Principal
Secretary, Town and Country Planning, Government of Tamil Nadu and
3 others [W.P.(MD) No.16120 of 2023 decided on 30.08.2023] to avoid
disciplinary proceedings being initiated against them. We hasten to add that
in case, standing crops are found in the tank, required time shall be given for
harvesting of the same.
With the above directions and observations, this writ petition stands
disposed of. Costs made easy. Connected W.M.P. stands closed.
(S.V.N., J.) (K.R.S., J.)
01.02.2024
cad
https://www.mhc.tn.gov.in/judis
To
1 The District Collector
Thiruvannamalai
Thiruvannamalai District
2 The Revenue Divisional Officer
Cheyyar
Thiruvannamalai District
3 The Tahsildar
Office of the Tahsildar
Vandavasi
Thiruvannamalai District
4 The Block Development Officer
Union Office
Vandavasi
Thiruvannamalai District
5 The Executive Engineer
(Operation & Maintenance)
Public Works Department (PWD)
Cheyyar
Thiruvannamalai District
https://www.mhc.tn.gov.in/judis
S. VAIDYANATHAN, J.
and
K. RAJASEKAR., J.
cad
01.02.2024
https://www.mhc.tn.gov.in/judis
