Madras High Court
Dr.R.Selvaraj ? vs The Pollution Control Board on 21 November, 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2016 CORAM THE HON?BLE MR.JUSTICE S.NAGAMUTHU AND THE HON?BLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD)No.12507 of 2012 Dr.R.Selvaraj ? Petitioner Vs. 1.The Pollution Control Board, represented by its Chairman, Guindy, Chennai-32. (Given up vide order dated 25.09.2012) 2.The District Collector, Tiruchirappalli. 3.The Executive Engineer, Public Works Department, Ariyaru Vadinila Kottam, Tiruchirappalli. 4.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District. 5.The Commissioner, Marungapuri Panchayat Union, Marungapuri, Trichy District. .. Respondents (R5 is suo motu impleaded vide Court order dated 08.12.2015 in WP(MD) No.12507/2012 by this Court) Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the 2nd and 3rd respondents to remove the encroachments of all kinds made in the water bodies namely Thulukan Kulam in Survey No.17, Samuthayakulam in Survey No.20, Subbiahkulam in Survey No.22, Periyakulam in Survey No.37, Nedunkulam in Survey No.171, Moongilkulam in Survey No.128, Nayamagalikulam in Survey No.156, Rettaikulam in Survey No.153 and Chinnauppukulam in Survey No.183/2 at Manjampatti, Karaipatti Panchayat, Manaparai Taluk, Trichy District and to maintain the said irrigation tanks free of all encroachments and as per its original position as depicted in the survey field maps and by continuous monitoring and adoption of scientific techniques to maintain the said tanks pollution free for the general benefit of all public. !For Petitioner : M/s.J.Maria Roseline ^For Respondents : R1 ? Given up Mr.T.R.Janarthanan (for R2 to R4) (Additional Government Pleader) Mr.C.Selvaraj (for R5) :ORDER
This writ petitioner by namely Dr.R.Selvaraj, Homeopathy Medical Practitioner, native of Manjampatti, Karaipatti Panchayat, Manaparai Taluk, Trichy District has filed this Public Interest Litigation, seeking relief for issuance of Writ of Mandamus directing the 2nd and 3rd respondents to remove the encroachments of all kinds made in the water bodies namely Thulukan Kulam in Survey No.17, Samuthayakulam in Survey No.20, Subbiahkulam in Survey No.22, Periyakulam in Survey No.37, Nedunkulam in Survey No.171, Moongilkulam in Survey No.128, Nayamagalikulam in Survey No.156, Rettaikulam in Survey No.153 and Chinnauppukulam in Survey No.183/2 at Manjampatti, Karaipatti Panchayat, Manaparai Taluk, Trichy District and to maintain the said irrigation tanks free of all encroachments and as per its original position as depicted in the survey field maps and by continuous monitoring and adoption of scientific techniques to maintain the said tanks pollution free for the general benefit of all public.
2.The case of the petitioner is that he is the native of Manjampatti, Karaipatti Village, Manapaai Taluk, Trichy District and practicing Homeopathic Medicine for the past 30 years, he stated that of late in his village on account of general public apathy and callous attitude of the administration the scant and only resources of irrigation have been the choicest and relentless target of human greed and reckless negligence. He also stated that there are about Nine irrigation tanks in their village namely Thulukan Kulam in Survey No.17, Samuthayakulam in Survey No.20, Subbiahkulam in Survey No.22, Periyakulam in Survey No.37, Nedunkulam in Survey No.171, Moongilkulam in Survey No.128, Nayamagalikulam in Survey No.156, Rettaikulam in Survey No.1/3 and Chinnauppukulam in Survey No.183/2 in his village Karaipatti.
3.The writ petitioner has come forward by saying that the above referred to irrigation tanks are the only sources of irrigation for the agriculture lands in their village. Seasonal crops like paddy, sugar cane, which are cultivated in their village are completely dependant on his village irrigation tanks. Further, the said water tanks help augments the water table in his village locality. The said village is completely dependant on these water tanks for the purpose of irrigation and day to day requirements. There are 9 water tanks form the life line of their village.
4.The writ petitioner also states that the 9 water tanks in their village have become the relentless target of encroachments and as a consequence the said tanks are on their way to extinction unless some urgent remedial measures are taken by the respondents. Irrigation tanks like Thulukan Kulam, Subbiahkulam and Nayamagalikulam have been encroached by farming activities and coconut grooves. The tanks, Nedungulam and Mungil Kulam have been encroached by the villagers for residential purposes. The inflow water course channels namely Kanakkan Kulam water course and Aadi Narayanakulam water course have been obliterated by encroachments. Therefore, in order to protect the water bodies and to preserve the water tanks from unlawful encroachments the petitioner herein preferred representation dated 12.01.2012 before the 2nd respondent/District Collector. The 2nd respondent /District Collector forwarded the representation of the petitioner to the respondents 3 and 4 for further action on the petitioner's representation and required the respondents 3 and 4 to intimate the 2nd respondent about its action. But, there was no response from the respondents 3 and 4. Therefore, the 2nd respondent once again sent a reminder dated 29.03.2012 to the respondents with a request to comply the request with earlier representation and the same may be intimate within 15 days. Despite the directions from the 2nd respondent, the respondents 3 and 4 have not acting on the representations of the petitioner to remove the encroachments from the 9 water tanks at Kariappati Village.
5.The petitioner also states that he requested the authority concerned to remove the encroachments from 9 water tanks as per the judgment passed by this Court, which was reported in 2005 4 CTC page 1 under the Tamil Nadu Removal of Encroachments and Water Bodies Act.
6.The petitioner also states that as per the Tamil Nadu Removal of Encroachment and Water Bodies Act, direction issued by this Court in the judgment reported in 2005 4 CTC page 1, a statutory duty is cast upon the respondents to maintain all the water bodies within their jurisdiction free from all encroachments. But, even after without recommendation made by the 2nd respondent / District Collector, the respondents 3 and 4 have not taken any action. Therefore, he has filed the above writ petition in the Public Interest Litigation and sought for the relief before this Court.
7.A counter affidavit has been filed by the 5th respondent, who is impleaded suo moto stated that the counter has been filed on behalf of the 1st respondent also stated that there are 9 tanks namely, Thulukan Kulam, Samuthayakulam, Subbiahkulam, Periyakulam, Nedunulam, Moongilulam, Nayamangalikulam, Rettaikulam, Chinnappukulam under the control of Murungapuri Panchayat Union, Murungapuri, Trichy District. The said tanks are the sources for agricultural lands in the village. Therefore, the petitioner has sent a representation to the respondents for remove the encroachments by some person in the above 9 tanks.
8.The 5th respondent also states that based upon the representation of the writ petitioner, the respondents 4 and 5 were inspected the said nine tanks and the 5th respondent by his letter in Na.Ka.A2/4155/2015 dated 18.12.2005 provide information and details of the encroachments, to the Revenue Divisional Officer, Mrungapuri about the encroachment made by the persons in the said 9 tanks. He also stated that the Revenue Divisional Officer by his letter dated 21.12.2015 a report has been given about the status of the encroachment of each and every tank to the Revenue Divisional Officer in letter No.Vu.Mu/403/2015 dated 21.12.2015. Thereafter, the Revenue Divisional Officer, Marungapuri sent a detailed report to the 5th respondent in NZ.Ka.No.A2/6387/2015 dated 23.12.2015 regarding the encroachments in the said tanks.
9.The 5th respondent also states that as per the report given by the Revenue Divisional Officer as well as the Revenue Surveyor there is no any encroachment made in the 6 tanks as follows:-
S.No. Tank Name Tank S.No. Extent (hec/acres) Status of Encroachment
1.
Kannankulam 17 3.40.0 Nil
2. Subbiahkulam 22/1 1.74.0 Nil
3. Periyakulam 37 13.50.0 Nil
4. Nedunkulam 171 10.64.5 Nil
5. Nayamagalikulam 156 2.12.0 Nil
6. Chinnappukulam 183/2 1.67.0 Nil
10.After eminent survey, there is an encroachment in the tanks namely Samuthayakulam, Moongilkulam, Erattaikulam as follows:
S.No. Tank Name Tank S.No. Extent (hec/acres) Status of Encroachment
1.
Samuthayakulam 20/1 2.51.5 Encroached by one Chinnathambi
2. Moongilkulam 128 3.98.0 Encroached by one Gurusamy
3. Erattaikulam 153 15.86.5 Encroached by one Adaikan and 10 others
11.The 5th respondent also stated in his counter that one Chinnahambi had encroached the Samuthayakulam by constructing a house and also has obtained Electricity connection and House Tax. One Gurusamy had encroached the Moongilkulam in S.No.128 by ploughing. The encroachers namely Adaikan, Mookan, Palanisamy, Perumal, Ravi, Aravan, Chinnu, Vellaiyan had encroached the tank by constructed the house in Erattaikulam in S.No.153 for over a period of 40 years ago.
12.Therefore, after serving and verified the above encroachments by the Revenue Divisional Officer as well as Revenue Surveyor, the 5th respondent has issued eviction notice under the Tamil Nadu Panchayat Act in Na.Ka.No.A2/4155/2015 dated 04.01.2016 to all the encroachers made in the above said three tanks namely Samuthayakulam, Moongilkulam and Erattikulam. Therefore the 5th respondent also stated that for the removal of encroachments is in progress and the action would under progress. Therefore, he sought for the dismissal of the writ petition.
13.On following the counter, this Court found that as per the counter affidavit filed by the 5th respondent, there are no encroachments in 6 tanks sought for the learned counsel for the petitioner. Therefore, this Court permit the petitioner to file re-joinder and relief for eviction area. Accordingly, the writ petitioner has filed the re-joinder dated 23.09.2016. In his re-joinder, the writ petitioner stated that as per the counter affidavit filed by the 5th respondent, which was stated that only 3 tanks out of 9 tanks situated at Manjampatti of Karaipatti Village of Marungapuri Taluk, there are 3 tanks alone were encroached namely Samudhayakulam, Moongilkulam, and Erattaikulam and as far as the other 6 tanks were concerned, as per the report of the 5th respondent there were no encroachments. Therefore, the writ petitioner has stated that the report given by the 5thh respondent is false and contrary to the ground facts, this Court directed the petitioner to file his re-joinder to the said portion of the report along with photographs. Therefore, he stated that the following encroachments in the 6 tanks as enumerated here under:
S.No. TANK NAME Status of Enroachment 1 Kanakkan Kulam Tank has become extinct 2 Subbiah Kulam Coconut Grooves and farming Activity 3 Periyakulam Coconut Grooves and Farming Activity 4 Nedunkulam Coconut Grooves and Farming Activity 5 Nayamangali Kulam Coconut Grooves and Farming Activity 6 Chinnappu Kulam Farming Activity 7 Thulukan Kulam Farming Activity
14.The writ petitioner also stated in his re-joinder that in view of the above mentioned encroachments, the storing capacity of the said water tanks has been considerably diminished and as a consequence the said water tanks no longer act as natural water reservoirs thereby seriously affect the ground water levels and disrupt the ecological balance. Therefore, he sought for the removal of the encroachment.
15.Heard M/s.J.Maria Roseline, learned counsel appearing for the petitioner, Mr.T.R.Janarthanan, learned Additional Government Pleader, appearing for the respondents 2 to 4 and Mr.C.Selvaraj, learned counsel appearing for the 5th respondent.
16.Admittedly, the counter affidavit filed by the 5th respondent stated that out of 9 tanks there are 3 tanks alone were encroached and 6 tanks were not encroached.
17.Pursuant to the representation given by the petitioner and also the report submitted by the Revenue Divisional Officer and the Revenue Surveyor, the 5th respondent has issued notice to the encroachers under the Tamil Naduu Panchayat Act in Na.Ka.A2/4155/2015 dated 04.01.2016 and the same is under progress. But the re-joinder filed by the petitioner stating that the 6 tanks out of 9 tanks also under encroachment. But, the 5th respondent has given a false statement before this Court.
18.A perusal of the records, the Secretary came to know that admittedly the 5th respondent show the eviction notice in respect of 3 tanks, but the 5th respondent stated that there was no encroachments in other 6 tanks. Therefore, the respondents are hereby directed to make further inspection along with the 5th respondent Tahsildar and if they found any encroachments, issue eviction notice to the 6 tanks encroachers. Therefore, the 5th respondent is hereby directed to take action pursuant to the eviction notice dated 04.01.2016 and the same shall be clear within the stipulated period at all.
19.In the result, the writ petition is disposed of with a direction to the 5th respondent to expedite the action on the eviction notice issued by the 5th respondent on 04.01.2016 and the said exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.
20.Accordingly, the writ petition is disposed of with the above direction. No costs.
To
1.The Pollution Control Board, Rep. by its Chairman, Guindy, Chennai-32.
2.The District Collector, Trichirapalli.
3.The Executive Engineer, Public Works Department, Ariyaru Vadinila Kottam, Trichirapalli.
4.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.
5.The Commissioner, Marungapuri Panchayat Union, Marungapuri, Trichy District.
.