Madras High Court
R. Sakunthala Ramaswamy vs Unknown on 5 January, 2024
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
W.P. No.13483 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024
CORAM:
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
and
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No.13483 of 2020
R. Sakunthala Ramaswamy Petitioner
v
1 The District Collector/Inspector of Panchayats
Dharmapuri District
Dharmapuri
2 The Tahsildar
Palacode Taluk
Palacode
Dharmapuri District
3 The Block Development Officer
Village Panchayat
Palacode Panchayat Union
Palacode
Dharmapuri District
4 The Inspector of Police
Marandahalli Police Station
Marandahalli
Palacode Taluk
Dharmapuri District
5 Pattalammal Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a
writ of mandamus directing the respondents 2 and 3 to survey the waterways, viz.,
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kuttai, in S.No.206, to an extent of 1.34.0 hectares, situated at Kendanahalli
1/6
W.P. No.13483 of 2020
Revenue Village, Palacode Taluk, Dharmapuri District, with police protection and
consequently, direct the respondents 1 to 3 to remove the encroachments made by
the fifth respondent in the said kuttai and restore the kuttai to its original position
for public purpose.
For petitioner Mr. K. Balu
For RR 1 to 4 Mr. A. Selvendran
Special Government Pleader
For R5 Mr. S.A. Anand
-------
ORDER
(made by S. VAIDYANATHAN, J.)
The petitioner is the President of Kendanahalli Village Panchayat. The
petitioner's grievance is that the kuttai measuring 3.14 acres in S.No.206 of
Kendanahalli Revenue Village, which is classified as water poramboke in the
Revenue records and maintained by the Panchayat, is encroached by the fifth
respondent, to which, the official respondents are turning a Nelson's eye.
2 According to the petitioner, his predecessor-in-office had even
inspected the entire kuttai and issued eviction notice to the fifth respondent, but to
no avail. It is the further case of the petitioner that even the Village Administrative
Officer has issued a certificate dated 18.07.2020 to the effect that the entire land in
S.No.206 measuring 3.14 acres is a kuttai and notwithstanding the same, the
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encroachment made by the fifth respondent has not been removed and hence, this
writ petition seeking a mandamus directing the official respondents to remove the
encroachment made in the kuttai and restore the kuttai to its original form.
3 Heard the learned counsel for the parties and perused the materials
available on record.
4 It is pertinent to note that not only does the certificate dated
18.07.2020 issued by the Village Administrative Officer state that the land in
S.No.206 is a kuttai, but also the “A” register clearly states that the subject land is
a kuttai poramboke. When there are overwhelming materials of sterling quality, it
is beyond the ken of this Court as to why and how, the alleged encroachment has
been allowed to be continued for well over three years.
5 At this juncture, it will be apposite to refer 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:
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“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)
6 In the light of the above discussion, we direct the official respondent
concerned to conduct an enquiry into the matter and remove the alleged
encroachment, of course, after providing an opportunity of hearing to the petitioner
as well the fifth respondent and restore the kuttai to its original state. It is made
clear that the entire exercise shall be conducted within a period of two months
from the date of receipt of a copy of this order.
This writ petition stands disposed of with the above directions. Costs made
easy.
(S.V.N., J.) (K.R.S., J.)
05.01.2024
cad
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To
1 The District Collector/Inspector of Panchayats
Dharmapuri District
Dharmapuri
2 The Tahsildar
Palacode Taluk
Palacode, Dharmapuri District
3 The Block Development Officer
Village Panchayat
Palacode Panchayat Union
Palacode, Dharmapuri District
4 The Inspector of Police
Marandahalli Police Station
Marandahalli
Palacode Taluk
Dharmapuri District
https://www.mhc.tn.gov.in/judis
S. VAIDYANATHAN, J.
and
K. RAJASEKAR, J.
cad
05.01.2024
https://www.mhc.tn.gov.in/judis
