Madras High Court
K.Santhanathurai vs The District Collector on 7 March, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 25.07.2023
Pronounced on : 07.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.2228 of 2022
and
W.P.(MD)No.9410 of 2023
W.P.(MD)No.2228 of 2022:
1.K.Santhanathurai
2.V.Krishnantham
3.R.Athappan
4.K.Muthusamy
5.P.Marimuthu
6.M.Alagunachi
7.A.Sivasubramanian ... Petitioners
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2.The Revenue Divisional Officer,
Palani, Dindigul District.
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W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023
3.The Tahsildar,
Palani,
Dindigul District.
4.The Chief Engineer,
Water Resources Organization,
Public Works Department,
Pollachi Region,
Town Hall, Coimbatore – 1.
5.The Superintending Engineer,
Water Resources Organization,
Public Works Department,
Special Scheme,
Nanganjiyar Basin Division,
Palani, Dindigul District.
6.The Executive Officer,
Public Works Department,
WRO, Nanganjiyar Basin Division,
Palani, Dindigul District.
7.The Junior Engineer,
Public Works Department, WRO,
Varathamanadhi Dam Section,
Palani Sub-Division,
Palani, Dindigul District.
8.The Commissioner,
Palani Municipality,
Palani, Dindigul District.
9.The Assitant Director of Survey and Land Records,
District Land Survey Office,
District Collectorate Office Campus,
Dindigul, Dindigul District. ... Respondents
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W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to remove the encroachments in Vaiyapurikulam, Palani,
Dindigul District after doing proper survey (through GPS), demarcation
and laying of survey boundary stones in Vaiyapurikulam measuring
292.335 acres in Town Survey No.836/1A1, Palani in accordance with
the provisions of the tamil Nadu Protection Of Tanks and Eviction of
Encroachment Act 2007 and thereafter to carry out the formation of
foreshore bund with fencing arrangements in accordance with G.O.(2D)
Public Works Department dated 31.12.2020.
For Petitioners : Mr.M.P.Senthil
For Respondents : Mr.K.Balasubramani,
Spl. Govt. Pleader for R1 to R7 & R9.
Mr.L.P.Maurya,
Standing Counsel for R8.
W.P.(MD)No.9410 of 2023:
P.Ashok Kumar ... Petitioner
Vs.
1.The Secretary,
Public Works Department (Water Resource),
St.Geroge Fort, Chennai.
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
No.119, Gandhi Salai, Nungambakkam,
Chennai – 600 034.
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W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023
3.The District Collector,
Dindigul District,
Dindigul.
4.The Revenue Divisional Officer,
Palani, Dindigul District.
5.The Commissioner,
Municipal Office,
Palani, Dindigul District.
6.The Superintending Engineer,
Public Works Department (Water Resource),
Amaravathi Drainage Circle,
Dindigul Road, Panali,
Dindigul District.
7.The District Environment Engineer,
Tamil Nadu Environment Board,
Collectorate, Dindigul. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to stop sewerage came from Palani Municipality to merging
the Vaiyapuri Kulam and remove the encroachments made in
T.S.No.836/1A1 above said Kulam, on the basis of the petitioner's
representation dated 30.03.2023.
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W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023
For Petitioner : Mr.A.Vadivel
For Respondents : Mr.K.Balasubramani,
Spl. Govt. Pleader for R1 to R4 & R5.
Mr.L.P.Maurya,
Standing Counsel for R5.
Mrs.Vijayakumari Natarajan for R7
COMMON ORDER
Heard both sides.
2.The writ petitioners are permanent resident of Palani Taluk. Their grievance is that Vaiyapurai Kulam which is intimately associated with the presiding deity of Palani is being polluted. Their specific allegation is that sewerage and draining water is being let into the said tank. They also state that encroachments have been committed in respect of the said water body. Since the petitioners' representation did not yield any response, the present writ petitions came to be filed.
3.When the matter was taken up for hearing, the learned standing counsel for the Palani Municipality submitted that the Government had issued G.O.(Ms)No.93 Municipal Administration and Water Supply 5/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023 Department, dated 12.07.2023 granting in-principle approval for implementing the water supply and underground sewerage scheme for Palani. Based on the said government order, the Commissioner, Palani Municipality had issued e-tender notification dated 22.01.2024. The learned standing counsel states that after the tender process is finalized, the underground sewerage project will be taken and it is likely to be completed within a period of twelve months. He therefore, called upon this Court to take note of the ground reality and pass an appropriate order.
4.We have to observe that pollution of any water body cannot be permitted. It is the duty of the local body to ensure that proper drainage and sewerage system is in place. We fail to understand as to how a holy tank was allowed to be polluted all these years. The tank in question has a religious significance. It is stated by the learned counsel for the petitioners that water from the said Kulam is meant for the Abishegam of a deity. Into such tank, the question of letting out of sewerage water does not arise at all. We, therefore, issue a direction restraining the local body to ensure that sewerage water is no longer let out into the tank in 6/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023 question. It is the look out of the local body to devise alternative measures. Courts have been repeatedly emphasizing that encroachments on water body cannot be permitted. It is seen that the tank vests with Public Works Department. The Public Works Department is directed to conduct survey and identify the encroachers. Action shall be initiated under the provisions of Tamil Nadu Protection Of Tanks and Eviction of Encroachment Act, 2007. After adhering to due process of law, all the encroachers shall be removed within a period of six months from the date of receipt of a copy of this order.
5.These writ petition is allowed accordingly. No costs.
(G.R.S.J.,) & (B.P.J.,)
07.03.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
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https://www.mhc.tn.gov.in/judis W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023 To:-
1.The District Collector, Dindigul District, Dindigul.
2.The Revenue Divisional Officer, Palani, Dindigul District.
3.The Tahsildar, Palani, Dindigul District.
4.The Chief Engineer, Water Resources Organization, Public Works Department, Pollachi Region, Town Hall, Coimbatore – 1.
5.The Superintending Engineer, Water Resources Organization, Public Works Department, Special Scheme, Nanganjiyar Basin Division, Palani, Dindigul District.
6.The Executive Officer, Public Works Department, WRO, Nanganjiyar Basin Division, Palani, Dindigul District.
7.The Junior Engineer, Public Works Department, WRO, Varathamanadhi Dam Section, Palani Sub-Division, Palani, Dindigul District.8/10
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8.The Assitant Director of Survey and Land Records, District Land Survey Office, District Collectorate Office Campus, Dindigul, Dindigul District.
9.The Secretary, Public Works Department (Water Resource), St.Geroge Fort, Chennai.
10.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Gandhi Salai, Nungambakkam, Chennai – 600 034.
11.The Superintending Engineer, Public Works Department (Water Resource), Amaravathi Drainage Circle, Dindigul Road, Panali, Dindigul District.
9/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.2228 of 2022 & W.P.(MD)No.9410 of 2023 G.R.SWAMINATHAN, J.
and B.PUGALENDHI, J.
ias W.P(MD)No.2228 of 2022 and W.P.(MD)No.9410 of 2023 07.03.2024 (2/2) 10/10 https://www.mhc.tn.gov.in/judis