Madras High Court
Jai Anjaneya Trust vs The District Collector on 2 February, 2018
Bench: M.Venugopal, S.Vaidyanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2018 CORAM: THE HONOURABLE MR. JUSTICE M.VENUGOPAL AND THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.No.588 of 2018 Jai Anjaneya Trust, Reg.No.285/12, Thottakattu Valavu, Poolampatti (Post), Edappadi (TK), Salem, Rep. by its President, M.Kavitha ... Petitioner vs. 1. The District Collector, District Collector Office, Salem District, Salem. 2. The Revenue Divisional Officer, Sangakiri, Salem District. 3. The Taluk Officer, Edappadi, Salem District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the Respondents to consider the Petitioner's representation dated 25.05.2017, seeking to remove the encroachments in the Public Welfare Department canal in Survey Nos.431/1, 434/1, 435/24, 442, 443, 444/2, 456 Thottakattu Valavu, Poolampatti (Post), Edappadi (TK), as found in the Village Survey Map and FMB sketch. For Petitioner : Mrs.A.Rajeswari Karthikeyan For Respondents : Mr.A.N.Thambidurai, Special Government Pleader O R D E R
(Order of the Court was made by M.VENUGOPAL,J.) Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader appearing for the Respondents.
2. The Petitioner/Trust has filed the present Writ Petition praying for passing of an order by this Court in directing the Respondents to consider its representation dated 25.05.2017, seeking to remove the encroachments in the Public Welfare Department canal in Survey Nos.431/1, 434/1, 435/24, 442, 443, 444/2, 456 Thottakattu Valavu, Poolampatti (Post), Edappadi (TK), as found in the Village Survey Map and FMB sketch.
3. The grievance of the Petitioner/Trust is that during rainy season, water coming through the canal flows into the Temple and thereby causes damages and injuries to the pilgrims and that numerous oral and written representations addressed to the authorities to remove the encroachments on waterways had remained futile. Therefore, the Petitioner/Trust ultimately sent a representation to the Respondents on 25.05.2017.
4. On behalf of Respondents 1 to 3, the Learned Special Government Pleader brings it to the notice of this Court that the contention of the Writ Petitioner to the effect that neighboring people in Survey Field Nos.431/1, 434/1, 435/24, 442, 443, 444/2, 456, had encroached in 'Odai', which is classified as Highways road and no encroachments were found and furthermore, in regard to S.No.435/24, no such Survey Number is found in the Village in question and apart from that, S.No.456 is no way connected with the 'Odai', which is half-a-kilometer away.
5. Learned Special Government Pleader brings it to the notice of this Court that S.No.442 is a 'Odai Poramboke' and the following persons have encroached by carrying out cultivation, as detailed below:
S.No. Encroachers Name Encroachment Extent Nature of Encroachment 1 Kandasamy, S/o.Nachiappan 0.05.9 Coconut Tree (21) & Paddy 2 Suresh, S/o.Surendran 0.02.16 Coconut Tree (17) & Ploughed 3 Mani @ Sellappan, S/o.Marappan 0.02.21 Coconut Tree (05) Likewise, in regard to Survey No.443, 'Odai Poramboke', the following persons had encroached by carrying out cultivation, details of which, are as under:
S.No. Encroachers Name Encroachment Extent Nature of Encroachment 1 Karunanidhi, S/o.Muthusamy 0.01.0 Coconut Tree (09) Ploughed 2 Karuppanan S/o.Arthanari 0.01.08 Coconut Tree (16) & Cholam 3 Mani @ Sellappan, S/o.Marappan 0.04.88 Coconut Trees (34) & Sugarcane (1 month old) Insofar as S.No.443, Sl.No.2, Karupannan, S/o.Arthanari is concerned, he is the father-in-law of the Writ Petitioner.
6. In short, the contention of the Learned Special Government Pleader appearing for Respondents 1 to 3 is that all encroachments in Survey Nos.442 and 443 were removed and the original 'Odai' water course was restored. Moreover, S.Nos.412 and 413 were also classified as 'Odai poramboke' downstream to S.Nos.442 and 443. In S.No.412, the Writ Petitioner's father-in-law had encroached about 20 cents of land by means of coconut trees and cattle feed, which has been suppressed by the Writ Petitioner and all the encroachments in S.Nos.412 and 413 'Odai poramboke' were removed and the 'Odai' has been restored.
7. It is apt to point out that in the counter of the 2nd Respondent (filed on behalf of Respondents 1 and 3), at paragraph No.4, it is literally observed as under:
"4. ... Now the encroachments on the water course poramboke Odai in S.F.Nos.442,443 as stated in the affidavit has been fully removed apart from this in the downstream S.F.No.412, 413 classified as Odai also been removed. After that the Odai is running in patta S.F.Nos.408, 407, 406, 405, 399, 387. These encroachments has also been removed."
8. In view of the fact that the encroachments in question have been removed, the Writ Petition is closed, as nothing survives for adjudication. No costs.
9. Before parting with the case, this Court directs Respondents 1 to 3 to monitor/oversee that no encroachment shall once again take place in the lands in question.
(M.V.,J.) (S.V.N.,J.) 02.02.2018 Index : Yes Internet : Yes Speaking Order (aeb) To: 1. The District Collector, District Collector Office, Salem District, Salem.
2. The Revenue Divisional Officer, Sangakiri, Salem District.
3. The Taluk Officer, Edappadi, Salem District.
M.VENUGOPAL,J.
AND S.VAIDYANATHAN,J.
(aeb) Order in W.P.No.588 of 2018 02.02.2018