Madras High Court
R.Palaniammal vs The District Collector on 10 March, 2022
Author: T.Raja
Bench: T.Raja, Sathi Kumar Sukumara Kurup
W.P.No.5461/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA
KURUP
W.P.No.5461 of 2022
R.Palaniammal ... Petitioner
-vs-
1. The District Collector,
Salem.
2. The Block Development Officer,
Panamaruthupatty, Salem-636 204.
3. The Panchayat President,
Nilavarapatty Village,
Salem District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Mandamus, forbearing the
respondents herein from laying road over the odai existing in
SF.No.75, 96 and 99 of Nilavarapatty Village, Salem District, by
considering the representation of the petitioner dated 04.02.2022.
For Petitioner : Mr.R.Nalliyappan
For 1st Respondent : Mr.K.V.Sajeev Kumar
Spl.G.P.
For respondents : Mr.Jeevagiridharan, AGP
2 and 3
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.5461/2022
ORDER
(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus, forbearing the respondents herein from laying road over the odai existing in SF.No.75, 96 and 99 of Nilavarapatty Village, Salem District, by considering the representation of the petitioner dated 04.02.2022.
2. Learned Counsel appearing for the petitioner would submit that the petitioner is having a property in SF.No.100/7 at Nilavarapatti Village, Salem District and there is an Odai running adjacent to the property in SF.No.75, 96 and 99 of Nilavarapatty Village, Salem District. The revenue records also clearly shows that S.F.Nos.75, 96 and 99 of Nilavarapatty Village, Salem District are Government Poramboke Lands and on the southern side of the petitioner's land, the said Odai Poromboke land is in existence. During the rainy season, water from the residential area would flow through the said Odai channel and drain the water in the main channel. This is also a source of water to feed many agricultural lands and residential areas in that locality. But the respondents are taking steps to lay road in the odai poromboke by raising the height of the said Odai and dump soil 2/6 https://www.mhc.tn.gov.in/judis W.P.No.5461/2022 therein. It appears that the said Odai which is considered as source of water to cultivate the lands is going to be obliterated, if it is not resisted immediately. Therefore, a representation dated 04.02.2022 has been given by the petitioner. Finding no response for the same, the petitioner has come to this Court with this Writ Petition.
3. Mr.A.Selvendran, learned Special Government Pleader taking notice for the 1st respondent placing on record a letter dated 09.03.2022 addressed by the Block Development Officer (VP), Panamarathupatty Block, Salem District to him would submit that the petitioner himself is an encroacher and steps have been taken to remove the encroachments. The revenue records also would show that some local residents being agriculturalists including the writ petitioner have encroached the odai poromboke lands along with their adjacent cultivating lands and using this odai poromboke lands for agricultural purpose, therefore, the Panchayat President, Nilavarapatty Panchayat, Panamarathupatty Block, Salem District along with the assistance of the Revenue authorities evicted these encroachments made by the local residents including the writ petitioner and the 3rd respondent is also taking steps to fence the odaiporomboke in order to safeguard the water bodies as per the earlier orders of this Court. Therefore, there is no any proposal as alleged by the petitioner to 3/6 https://www.mhc.tn.gov.in/judis W.P.No.5461/2022 obliterate the Odai-in-question.
4. Recording the said statement of the learned Special Government Pleader for the 1st respondent that steps are being taken by the 3rd respondent to safeguard the water bodies and also the letter dated 09.03.2022 addressed to the learned Special Government Pleader by the Block Development Officer, Panamarathupatty Block, Salem District, we find no merits in this Writ Petition.
5. In the result, the Writ Petition fails and the same is accordingly dismissed. No costs.
(T.R.J.,) (S.S.K.J.,)
10.03.2022
tsi
4/6
https://www.mhc.tn.gov.in/judis
W.P.No.5461/2022
To
1. The District Collector,
Salem.
2. The Block Development Officer,
Panamaruthupatty, Salem-636 204.
3. The Panchayat President,
Nilavarapatty Village,
Salem District.
5/6
https://www.mhc.tn.gov.in/judis
W.P.No.5461/2022
T.RAJA,J.
AND
SATHI KUMAR SUKUMARA KURUP, J.
tsi
W.P.No.5461 of 2022
10.03.2022
6/6
https://www.mhc.tn.gov.in/judis