Madras High Court
P.Sidha Gounder vs The District Collector on 20 March, 2019
Author: T.Raja
Bench: T.Raja
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.21507 of 2009 and
MP.No.1 of 2009
P.Sidha Gounder ...Petitioner
versus
1.The District Collector,
Erode District, Erode
2.The Tahsildar,
Bhavani Taluk, Erode District
3.The Block Development Officer,
Ammappettai,
Bhavani Taluk,
Erode District
4.The President,
Kannampalli Panchayat,
Bhavani Taluk, Erode District
5.R.Velu @ Vadivelu ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
for the issuance of Writ of Mandamus, directing the respondents to
remove the road laid in R.S.No.430/1, 431/1 of Kannappalli Village,
Bhavani Taluk, Erode District and restore the Odai to its original level
enabling the petitioner to use the same as Odai.
http://www.judis.nic.in
2
For Petitioner : Mr.V.S.Kesavan
For Respondents : Mr.K.Ravikumar, AGP for RR1 & 2
:Ms.K.Bhuvaneswari, Standing Counsel
for RR3 & 4
:No Appearance for R5
ORDER
Writ Petition has been filed seeking for the issuance of a Mandamus to direct the respondents to remove the road laid in R.S.No.430/1, 431/1 at Kannappalli Village, Bhavani Taluk, Erode District and restore the Odai to its original level enabling the petitioner to use the same as Odai.
2. Mr.V.S.Kesavan, learned counsel for the petitioner would submit that the petitioner is the owner of the property situated at R.S.No.430/1, 431/1 of Kannappalli Village, Bhavani Taluk, Erode District, and he owned 1.89 ½ acres of agricultural land in the said survey numbers and he has been cultivating the said lands. But, in the southern boundary of the said lands, a stream runs from West to East in R.S.No.430/1, 431/1 at Kannappalli Village, Bhavani Taluk, Erode District. The said survey numbers are classified as ''Odai Poramboke'', which is vested with the Government. The farmers, who have lands on the sides of the said Odai, including the petitioner are http://www.judis.nic.in 3 using the same for irrigation purposes as well as to drain excess water in rainy season from the agrigultural lands. There are several other streams coming from several directions and merge in the said lake. Therefore, during rainy reasons huge amount of water will be collected in the agricultural lands on both the sides of the said odai and water would be drained through the said Odai only. Whileso, the former President, Kannampalli Panchayat, the fourth respondent herein under the influence of the fifth respondent had attemped to lay a concrete road by converting the Odai into road, in the first week of March, 2008. The petitioner submitted an application dated 11.03.2008, under RTI Act, to which, the Tahsildar, Bhavani Taluk, the second respondent herein had informed that the said Odai was classified as ''Odai'' in revenue records and the said particulars was not handed over to the President, Kannampalli Panchayat, the fourth respondent herein. Therefore, the petitioner had also sent a notice to the District Collector, Erode District, the first respondent herein requesting him to stop the illegal activities of the fourth and the fifth respondents from converting the Odai into a concrete road. Since no response is forthcoming, the petitioner had filed a civil suit against the respondents for bare injunction. In view of converting Odai into the road, the petitioner and the other farmers will not be able to use http://www.judis.nic.in 4 the Odai water, therefore, the petitioner has came forward before this Court by way of filing the present writ petition, seeking writ of mandamus to remove the road laid in R.S.No.430/1, 431/1 at Kannappalli Village, Bhavani Taluk, Erode District and restore the Odai to its original level enabling the petitioner to use the same as Odai.
3. A detailed counter affidavit has been filed by the first respondent. In paragraph no.3 of the said counter, it is stated that on a perusal of the village accounts of the Kannappalli Village, the suit field bearing R.S.No.430/1 admeasuring an extent of 0.24.5 Hectares and R.S.No.431/1-0.17.0 Hectares are classified as Government Poramboke and Odai belonging to the Government. Therefore, the field staff namely, Village Administrative Officer, Kannappalli, Firka Revenue Inspector, Ammapettai and Firka Surveyor, Ammapettai have submitted the reports after making field inspection and enquiry. The said reports revealed that the above Odai Poramboke lands are encroached by way of filling sands in the Odai Poramboke. The petitioner is having patta lands in R.S.Nos.342/15 & 341/2 on the northern side of the odai poramboke and utilizing the odai porambode as pathway. The encroachments in the odai poramboke forbids the free flow of water which is very much hindrance to the public and the http://www.judis.nic.in 5 nearest farmers. Therefore, the Tahsildar, Anthiyur, by a letter No.Na.Ka.844/2019 A1 dated 07.03.2019, directed the Block Development Officer, Ammapettai Union, to remove the enchroachments. It is submitted that the action is being taken to remove the encroachments in the Odai poramboke.
4. Mr.K.Ravikumar, the learned Additional Government Pleader for the respondents 1 & 2 has produced a letter dated 07.03.2019, issued by the Tahsildar, Anthiyur to the Block Development Officer, Anthiyur directing him to remove the enchrochments made by the respondents 4 & 5 in S.F.Nos.430/1 & 431/1 and restore the Odai.
5. Ms.K.Bhuvaneswari, the learned Standing Counsel for the respondents 3 & 4 has also submitted that the direction of the Tahsildar, Anthiyur to the Block Development Officer, Anthiyur to remove the enchrochments would be implemented shortly and the Odai also will be restored.
6. In view of the aforesaid foregoings, this Court directs the Block Development Officer, Anthiyur to remove the enchrochments made by the respondents 4 & 5 in S.F.Nos.430/1 & 431/1 and restore http://www.judis.nic.in 6 the Odai within a period of one week from the date of receipt of a copy of this order.
7. The writ petition stands disposed of, accordingly. No costs. Consequently, connected miscellaneous petition is closed.
20.03.2019 Index:Yes/No dn To
1.The District Collector, Erode District, Erode
2.The Tahsildar, Bhavani Taluk, Erode District
3.The Block Development Officer, Ammappettai, Bhavani Taluk, Erode District
4.The President, Kannampalli Panchayat, Bhavani Taluk, Erode District http://www.judis.nic.in 7 T.RAJA.,J dn W.P.No.21507 of 2009 and MP.No.1 of 2009 20.03.2019 http://www.judis.nic.in