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2.3 While so, in the year 2022, there was copious rainfall. On account of nature's bounty, the Anaipalayam lake is filled up to the brim. As a natural consequence, the entire tank bed area covered by the aforesaid conditional Patta stands submerged under water and there is inundation to a depth of about two to three feet. The residents of the ill-located houses are seen walking in two feet of water to their houses and the cultivation in the rest of the area had become impossible. Therefore, these residents made a request to the authorities to open the sluice gates and reduce the water level, in whose support the President of the Village Panchayat has filed this Public Interest Litigation.

2.4 It is the case of these residents and farmers that of the original ayacut area of the lake one Padaiapppa Developers had already converted 190 acres of ayacut lands into real estate/housing sites, on account of which presently only ____________ https://www.mhc.tn.gov.in/judis about 100 acres are being cultivated. Therefore, the need for water has been reduced. This apart, storm water drains which are constructed in Rasipuram Town and in the adjacent areas, also fetch water to an adjacent water body, which is again fed into the Anaipalayam lake through canals. As a result, more water is being stored in the Anaipalayam lake, more than what is necessary and more than the maximum capacity level. Therefore, they made requests and protests to reduce the water level. The Ayacutdars opposed and countered, leading to a law and order situation. Proceedings were initiated under Section 145 of the Code of Criminal Procedure, and the Revenue Divisional Officer passed an order on 21.10.2022 directing the release of water. The said order was challenged by the Ayacutdars by approaching this Court in Crl.R.C.No.1448 of 2022, and by order dated 18.11.2022, this Court set aside the order of the Revenue Divisional Officer and remanded the matter back to the authorities. When the matter was pending before the Revenue Divisional Officer, the present Writ Petition came to be filed before this Court. Then the Revenue Divisional Officer, passed an order on 27.01.2023, stating that the parties have to await for the decision of this Court in the present Writ Petition. However, when this Court adjourned the matter, an ____________ https://www.mhc.tn.gov.in/judis order was finally passed on 3.02.2023 stating that the water cannot be released in view of the conditions imposed in the Patta. It is in this background the present writ petition was taken up for hearing.

4.3 On the same breath, this is also a classic case, which exposes, the ____________ https://www.mhc.tn.gov.in/judis triumph of ignorance over wisdom, greed of the real estate/profit over life aligned with nature. In spite of the conditions of Patta, all these years, slowly, the authorities have allowed haphazard and illegal developments on these Ryoti lands. The apathy is so writ large that even the Government facilities such as the Panchayat borewell, etc., and laying of roads have all been done in this submersion area. Similarly when the State of Tamil Nadu has huge tracts of dry and non-cultivable lands which are very much suitable for inhabitation and real estate, mindlessly, the authorities have allowed the development of ayacut lands into real estate on the other side of the lake.

4.5 Ryotwari Patta, is for the purpose of cultivation. Patta was granted with a specific condition that the owners should not prevent the stagnation of water by any means. Already the developments made by them by itself amount to a violation of the condition and their prayer to open the sluice gates for the water level to recede is in direct contravention of the conditions of the Patta. If they are put to inconvenience on account of building homes in the land which is prone to submersion during rainy seasons, it is the individuals themselves who have to be blamed. It shows the callous attitude and recklessness on the part of the State Authorities in granting facilities such as water connection, electricity connection, laying of roads, etc., inside such submersible land in contravention of their own order dated 19.06.1971. This is not just a case of conflict of interests of the Ayacutdars alone. But these violations of patta conditions directly and adversely impact the environment, stems in bio-degradation, and poses grave AIR 2005 Mad 311 ____________ https://www.mhc.tn.gov.in/judis danger to the preservation of the precious natural resource, 'water'. It is only the man-made mischief which has to be undone, and not the natural stagnation of the water which has to be prevented. Therefore, following the principles of sustainable development, this Court cannot direct the authorities to plunder the natural resource, namely, water stagnation, for the benefit of the lawbreakers. The stagnation of water is not only essential for release of water while the Ayacutdars need for cultivation until the next monsoon, but it is also extremely crucial for upkeep of the groundwater table and recharge of aquifers. It also directly and indirectly augments the drinking water needs of the human population, not to mention of the domestic cattle and all flora and fauna. The argument to open the sluices to release millions of gallons of water so that the tiny borewell is functional again shows our ignorance and how far we have dis- associated ourselves from life aligned with nature.(,aw;ifnahL ,iae;j thH;t[). The great Organic farming scientist G.Nammalvar states that “we should always look up to the sky for all our water needs and not beneath the ground”. It is also scientifically proven that water extracted from the ground in many places contains minerals which are harmful to health, while water ____________ https://www.mhc.tn.gov.in/judis contained in these natural sources is better suited provided they are appropriately treated, filtered/boiled and thereafter used for drinking purposes.