Disposed

R.Kanniyakumari v. the District Collector

Madras HC11 Mar 2024WP/4805/2024

Case brief

AI extract

What is this about?

Petitioners sought restoration of a 75.50 cents watercourse in S.No.153, Karuppur Village and cessation of construction including a gasifier at an existing burial ground. The court directed removal of debris fallen into the water channel within fifteen days and that it be kept free of encroachment, then disposed of the writ petition.

What did the court decide?

Debris in the water channel to be removed within 15 days; authorities to ensure the channel's width is not reduced and it is kept free of obstruction or encroachment.

R.Kanniyakumari Vs the District Collector — Environment and Pollution | Madras HC (2024)

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W.P.No.4805 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.03.2024

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.4805 of 2024

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R.Kanniyakumari

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C.Manickam

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R.Krishnamoorthy

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R.Sellam

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N.Srinivasan

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.. Petitioners Vs.

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District Collector, Salem District Collector's Office Fort Main Road, Salem 636 001.

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Revenue Divisional Officer, Mettur RDO Bungalow, Mettur Dam Mettur, Salem 636 401.

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Tahsildar, Omalur Taluk Omalur Taluk Office No.5, Omalur Main Road Near Over Bridge, Omalur Salem 636 455.

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Executive Officer, Karuppur Karuppur Town Panchayat Indra Nagar, Karuppur, Salem 636 012.

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

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W.P.No.4805 of 2024

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5. G.Govindarajan

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to restore the land measuring ares 75.50 cents with its watercourse having survey No.153 in Karuppur Village, Omalur Taluk, Salem District and pass an order directing the respondents to permanently cease and desist from carrying out any construction activities on the said land and directing the 3^rd respondent to effect mutation of revenue records to indicate the said land as water body.

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For the Petitioners : Ms.S.P.Arthi

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For the Respondents : Mr.K.Karthik Jegannath Government Advocate for Respondents 1 to 3

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Mr.A.Anandan Government Advocate

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Ms.S.P.Arthi, learned counsel for the petitioners,

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Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1 to 3 and Mr.A.Anandan, learned Government Advocate for the fourth respondent.

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

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W.P.No.4805 of 2024

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The present writ petition is filed seeking directions to restore the land measuring 75.50 cents (watercourse) in S.No.153, Karuppur Village, Omalur Taluk.

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Learned counsel for the petitioners submits that a watercourse exists. The respondents are destroying the said watercourse by making construction and installing a gasifier flouting Tamil Nadu Village Panchayat (Provisions of Burial and Burning Grounds) Rules, 1999. No burial ground can exist within the vicinity of 90 meters of dwelling place or source of drinking water supply.

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According to learned counsel for the petitioners, the respondents claim to have conducted survey as per the directions of this Court, but no notice of survey was issued to the petitioners. The watercourse is being interrupted and the same is now filled with debris. Because of that, flood would take place.

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Learned Government Advocate submits that survey was conducted and gasifier is erected on the burial ground. The said burial

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

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W.P.No.4805 of 2024

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ground is in existence for more than 50 years. During the activity of construction, some debris fell down in the watercourse and the same would be removed. The construction is 6.6 meters away from the watercourse. According to learned Government Advocate, the petitioners are the owners of the nearby land and they do not want the gasifier to be constructed. The burial ground is in operation for more than 50 years.

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There cannot be any dispute that the water channel has to be kept free of all encroachment. The water channel cannot be interrupted in whatsoever manner or form.

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The status report and the survey report filed also exhibit that water channel is about 3 meter wide from North to South of the burial ground. The land in question is mayanam poramboke, meaning thereby that it is used for burial/crematorium and now the gasifier is being installed, which is also the need of the hour. The Rules in question are applicable to the Village Panchayats and the present crematorium is in Town Panchayat.

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

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W.P.No.4805 of 2024

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Be that as it may, an undertaking has been given that the debris that has fallen in the water channel would be removed. The same shall be removed immediately. No encroachment of whatsoever nature shall be made on the water channel existing in the said survey number. The same shall be kept free of any obstruction and encroachment. Within 15 days from today, the debris which has fallen in the water channel shall be removed and the respondent authorities would be responsible to ensure that the width of the water channel is not reduced and the same is not obstructed or interfered with.

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The writ petition is, accordingly, disposed of. There shall be no order as to costs. W.M.P.No.5236 of 2024 seeking permission to file a single writ petition is allowed and disposed of. W.M.P.No.5238 of 2024 is closed.

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(S.V.G., CJ.) (D.B.C., J.) 11.03.2024 Index : Yes/No Neutral Citation : Yes/No

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kpl

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W.P.No.4805 of 2024

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