The Court directed the Block Development Officer to lay a cart track and remove encroachments on an irrigation canal to restore water flow for agriculturists who rely on it for livelihood.
The Block Development Officer was directed to lay the cart track and remove encroachments to ensure free flow of water in the irrigation canal.
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W.P. No.29847 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P. No.29847 of 2022
C.Karuppayya ... Petitioner
Vs.
1.The District Collector, Ariyalur District.
2.The Assistant Director (A.D.) Rural Development and Panchayat Department, Collectorate, Ariyalur District, Ariyalur.
3.The Revenue Divisional Officer, Ariyalur District, Ariyalur
4.The Tahsildar, Thasildar Office, Ariyalur District
5.The Block Development Officer, Thirumanur, Ariyalur District, Ariyalur
... Respondents
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W.P. No.29847 of 2022
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 and 2 to initiate steps to remove the encroachment in S.No.318 and in irrigation canal in Keeshakaittankurichi Village, Ariyalur Taluk.
For the Petitioner :: Mr.T.Dharani
For the Respondents :: Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 5
ORDER
(Made by the Hon'ble Acting Chief Justice)
The petitioner has filed this writ petition seeking for a Writ of Mandamus directing the respondents 1 and 2 to initiate steps to remove the encroachment in S.No.318 and in irrigation canal in Keeshakaittankurichi Village, Ariyalur Taluk.
Page 2 of 6
W.P. No.29847 of 2022
farmers and agriculturists in the area. It is the contention of the petitioner that the land in S.No.318 has been fully encroached and now there is no source of water.
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W.P. No.29847 of 2022
submitted that there existed a cart track adjacent to the water canal and some of the villagers are only trying to re-lay the cart track so that the general public, agriculturists and farmers can have easy transport and agricultural products could also be easily moved in and out of the village. In short, the learned State Government Pleader submitted that the re-laying of the cart track is only for the benefit of the villagers on the whole.
persons re-laying the cart track, Government has to take up the work and we hereby direct the fifth respondent Block Development Officer, Thirumanur, Ariyalur District, Ariyalur to lay the cart track. The Block Development Officer is also directed to ensure that encroachments if any found in the water canal and S.No.318 should be removed forthwith so that there is free flow of water like before, and the water could be used by agriculturists and farmers.
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W.P. No.29847 of 2022
costs.
(T.R., ACJ.) (D.B.C., J.) 11.11.2022
Index: Yes/No tar To 1.The District Collector, Ariyalur District. 2.The Assistant Director (A.D.) Rural Development and Panchayat Department, Collectorate, Ariyalur District, Ariyalur. 3.The Revenue Divisional Officer, Ariyalur District, Ariyalur 4.The Tahsildar, Thasildar Office, Ariyalur District 5.The Block Development Officer, Thirumanur, Ariyalur District, Ariyalur
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W.P. No.29847 of 2022
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar)
W.P. No.29847 of 2022
11.11.2022
Page 6 of 6
1 issue framed by the court
Whether the State Government must initiate steps to remove encroachment on an irrigation canal and direct the government authority to lay a cart track.
C. Karuppayya
District Collector, Ariyalur District
Assistant Director, Rural Development and Panchayat Department
Revenue Divisional Officer, Ariyalur District
Tahsildar, Ariyalur District
Block Development Officer, Thirumanur
Raja
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
