Madras High Court
Prabavathi vs C.Thavasu on 27 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1921 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.1921 of 2021
and
C.M.P.(MD)Nos.8476 and 8478 of 2021
Prabavathi ... Appellant
Vs.
1.C.Thavasu
2.The District Collector,
Kanyakumari District,
Nagercoil.
3.The Executive Engineer,
Public Works Department,
Kothayar Irrigation Division,
Nagercoil,
Kanyakumari District.
4.The Thasildar,
Agastheeswaram Taluk,
Nagercoil,
Kanyakumari District. ... Respondents
1/6
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W.A.(MD)No.1921 of 2021
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order dated 27.04.2021 made in
W.P.(MD).No.21161 of 2014 on the file of this Court.
For Appellant : Mr.S.Rajasekar
For Respondents : Mr.J.John Jayakumar for R1.
Mr.K.Balasubramani,
Spl. Government Pleader for R2 to R4.
JUDGMENT
Heard both sides.
2.The first respondent herein filed W.P.(MD)No.21161 of 2014 for
removing the obstructions caused in the petition mentioned water body.
The writ petition was disposed of by the learned Single Judge on
27.04.2021 in the following terms:-
“4. Taking into consideration the facts and circumstances of
the case and the subsequent developments that has taken place in
this case, there shall be a direction to the third respondent to
proceed further and complete the entire process of removing the
encroachment in S.No.490/13, in accordance with law within a
period of twelve (12) weeks from the date of receipt of a copy of
this order.
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5. The petitioner is directed to make a fresh representation
to the third respondent along with a copy of this order.”
Aggrieved by the same, this third party writ appeal has been filed.
3.While entertaining the writ appeal, the Hon'ble Division Bench
granted interim stay by taking note of the submission of the learned
counsel for the appellant that the appropriate authority would be the
Engineer of Public Works Department and not the jurisdictional
Tahsildar. Vide order dated 24.09.2024 made in W.P(MD)No.22261 of
2024, the Hon'ble Division Bench held as follows:-
“The learned Additional Government Pleader points out
that “The Government, vide G.O(Ms)No.2898, Revenue
Department, Dated 03.12.1969 ordered that the Assistant
Engineers (presently Assistant Executive Engineers) of the
Department alone are authorized to take eviction proceedings
in respect of encroachments on Department poramboke lands,
Channels and Tanks etc. To evolve an exercise / Mechanism for
eviction of encroachment under the said Act, appropriate
orders have been issued fixing the responsibilities from the
level of Assistant Engineer to the Executive Engineer, in
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respect of the water bodies of the Water Resources Department
(G.O.Ms.No.540, Revenue [LD6(2) Department, Dated
04.12.2014 and G.O.Ms.No.148, Revenue [LD6(2)
Department, Dated 24.03.2016).”
4.The direction issued by the learned Single Judge shall be treated
as a direction issued to the jurisdictional Assistant Engineer (Water
Resources Department). Notice under Section 7 of the Act had already
been issued to the appellant. We direct the jurisdictional Tahsildar to
conduct one more survey after giving notice to the appellant. The
appellant is at liberty to offer his objections before the jurisdictional
Assistant Engineer of Water Resources Department. The result of survey
will also be taken into account before passing the final order. We leave
open all the defences of the appellant.
5.This writ appeal is dismissed with the aforesaid modification and
direction. No costs. Consequently, connected miscellaneous petitions
are closed.
(G.R.S. J.,) & (M.J.R. J.,)
27.03.2025
NCC : Yes/No
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Index : Yes / No
Internet : Yes/ No
ias
To:
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The Executive Engineer,
Public Works Department,
Kothayar Irrigation Division,
Nagercoil,
Kanyakumari District.
3.The Thasildar,
Agastheeswaram Taluk,
Nagercoil,
Kanyakumari District.
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G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
27.03.2025
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