Disposed

J.Subramanian v. the District Collector

Madras HC28 Nov 2024WP/35407/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mandamus to remove encroachments in a water body. The Court directed official respondents to conduct a survey and take action in accordance with the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and Rules, 2007, adhering to the procedure laid down in T.K.Shanmugam's case, while preserving encroachers' right to challenge classificatio

What did the court decide?

Respondents 3 and 4 directed to take action in accordance with the procedure under the Tanks Act and Rules to remove encroachments, with a time limit to be fixed.

J.Subramanian Vs the District Collector — Property and Title | Madras HC (2024)

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W.P.No.35407 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.35407 of 2024

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J.Subramanian @ Suresh

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... Petitioner

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1.The District Collector, Villupuram, Villupuram District.

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2.The Revenue Divisional Officer, Villupuram, Villupuram District.

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3.The Executive Engineer, Water Resources Management, Public Works Department, Lower Penniaiyar Basin, Thirukovilur Division, Villupuram District.

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4.The Assistant Executive Engineer, Water Resources Management, Public Works Department, Lower Penniaiyar Basin, Thirukovilur Division, Villupuram District.

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5.Mrs.Agilandam

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6.Mrs.Yesodha

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7.Mr.Anjumuthu

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8.Mr.Balu

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Page Nos.1/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.35407 of 2024

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9.Mrs.Radhika 10.Mr.Vijayakumar 11.Mr.Velu

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... Respondents

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the 3^rd and 4^th respondents to remove the encroachments made by respondents 5 to 11 in water body in S.Nos.33, 34, 35, 36, 123, 124, 125 on the basis of the petitioner representation dated 31.07.2024 within a time limit fixed by this Court.

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For Petitioner : Mr.S.Venkatesh For Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R4

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ORDER

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[Order of the Court was made by K.RAJASEKAR, J .,]

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This writ petition has been filed for the issuance of a mandamus

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to direct respondents 3 and 4 to remove the encroachments made by respondents 5 to 11 in S.Nos.33, 34, 35, 36, 123, 124, 125 (waterbody), A-Koodaloor Village, Kandachipuram Taluk, Villupuram District, on the basis of the petitioner's representation dated 31.07.2024.

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Page Nos.2/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.35407 of 2024

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The petitioner states that the channel bund at the aforesaid

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survey numbers is under the encroachment of several persons which prevents free flow of water and already he has sent a representation for removal of encroachment but no action is taken by the respondents. It is also stated that earlier the temple constructed at the channel bund was removed whereas the encroachments made by other persons were not removed.

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Heard Mr.S.Venkatesh, learned counsel on record for

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petitioner.

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Learned counsel for petitioner submits that inspite of several

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representations, no action was taken to remove the encroachments in the waterbody.

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Issue notice to official respondents.

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Mr.T.K.Saravanan, learned Government Advocate accepts

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notice for respondents 1 to 4.

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Page Nos.3/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.35407 of 2024

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Learned Government Advocate submits that since lands in above survey numbers are classified as waterbody (channel bund), the official respondents will conduct survey and if there is any encroachment, they will take action in accordance with 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (hereinafter 'Tanks Act' for the sake of convenience and clarity) and Rules thereunder i.e., 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' (hereinafter 'Tanks Rules' for the sake of convenience and clarity). This means that action if any has to be initiated as per the ratio in T.K.Shanmugam 's case { T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397 } .

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As regards the Tanks Act, the vires was challenged in T.S.Senthil Kumar' s case [ T.S.Senthil Kumar vs. Government of Tamil Nadu ] reported in 2010 (3) MLJ 771 and a Division Bench in T.S.Senthil Kumar' s case upheld the vires. Thereafter, a Full Bench in T.K.Shanmugam 's case { T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397 } , while reiterating T.S.Senthil Kumar' s case (which upheld the vires of the Tanks Act) laid down the procedure to be followed and the procedure is Page Nos.4/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.35407 of 2024

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adumbrated in sub-clauses (i), (ii) and (iii) of sub-paragraph (f) of paragraph 15 thereat which reads as follows:

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'15(f) We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under.

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(i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued.

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(ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks.

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(iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in

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Page Nos.5/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.35407 of 2024

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accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.'

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In view of the above, if there is any encroachment in the abovementioned survey numbers which are classified as waterbody, respondents 3 and 4 are directed to take action in accordance with the procedure contemplated in T.K.Shanmugam (FB) . All the rights and contentions of alleged encroachers are preserved to the extent that they can raise all their grounds while action under Tanks Act and Tanks Rules is initiated.

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With the above direction, the writ petition stands disposed of. There shall be no order as to costs.

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Index : Yes / No Neutral Citation : Yes / No mmi

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Page Nos.6/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.35407 of 2024

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1.The District Collector, Villupuram, Villupuram District.

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2.The Revenue Divisional Officer, Villupuram, Villupuram District.

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3.The Executive Engineer, Water Resources Management, Public Works Department, Lower Penniaiyar Basin, Thirukovilur Division, Villupuram District.

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4.The Assistant Executive Engineer, Water Resources Management, Public Works Department, Lower Penniaiyar Basin, Thirukovilur Division, Villupuram District.

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Page Nos.7/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.35407 of 2024

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M.SUNDAR, J., and K.RAJASEKAR, J.,

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mmi

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W.P.No.35407 of 2024