Semur Periya Eri Neerpasana Vivasaigal Sangam v. The District Collector

Order (Order of the Court was made by S.M.Subramaniam J.) With reference to the relief sought for in the present Writ Petition, the Executive Engineer, Water Resources Department, Sarabanga Basin Division, Salem District has filed a status report. The status report reads as under:-

¶3Semur Big Tank is located in the Namakkal District, Rasipuram Taluk, Akkaraipatti Village, S.F.No.215. The Semur Big Tank gets water from source of Tirumanimuthar River. So, this tank gets water in all month and year. Semur Big tank is one of the biggest tanks in Namakkal District. The surrounding Page3 of 6 area is filled with sufficient water due to this Semur Big Tank. So, no scarcity of irrigation for the surrounding area and registered ayacut of this tank.

¶4It is submitted that for basic fishing lease, the value for public auction of the tank is Rs.3,47,048 (as fixed by the Fisheries Department-Annexure1). The Public auction for the fishing lease rights to the tank will given Revenue to the Government. It doesn't disturb the irrigation activities around the surrounding area.

¶5It is submitted that the petitioner in his affidavit stated that the animal wastes and solid wastes were dumped in the tank. Fishes that are available in the tank are Roghu and Katla, these fishes only lives in the fresh water only. Warning was issued to the panchayat union and nearby hotels not to dump any waste in the waterspread area of the tank. Now, there is no encroachment by the way of dumping the animal wastes and solid wastes in the water spread area. Any wastes dumped around the water spread area of the semur peria eri will be removed and necessary department action will be taken in the upcoming days.

¶2In view of the status report, the respondents are directed to proceed with the enforcement action and conclude the same by following the procedures as contemplated under the relevant statute and Rules in force within a period of twelve (12) weeks from the date of receipt of a copy of this order. Page4 of 6

¶3With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 06-04-2026 Index: Yes/No Speaking/Non-speaking order DSA Page5 of 6 To

¶1The District Collector, Namakkal District, Namakkal.

¶2The Revenue Divisional Officer, Namakkal District, Namakkal.

¶3The Tahsildar, Rasipuram Taluk,

¶4The Executive Engineer,

¶5The Assistant Engineer, Rasipuram, WPoNo.o33271oofo2022 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. DSA WPeNo.e33271eofe2022 06-04-2026 Page6oofo6

2026:MHC:1415 Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 32707 of 2022 Semur Periya Eri Neerpasana Vivasaigal Sangam, Rep. by its President, K.Palanisamy, S/o.Kaaliyanan, Registered Office at No. 2/88, Thattan Vayalkadu, Thottiyappatti Post, Rasipuram Taluk, ..Petitioner Vs 1. The District Collector, Namakkal District, Namakkal. 2. The Revenue Divisional Officer, Namakkal District, Namakkal. 3. The Tahsildar, Rasipuram Taluk, 4. The Executive Engineer, Page2 of 6 5. The Assistant Engineer, Rasipuram, 6. Kasimanikam 7. Velu ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 4th respondent to desilt the "Semur Periya Eri" lake situated at S.No. 215, Thottiyappatti Village and Post, Rasipuram Taluk, Namakkal District measuring to an extent of 92.30.5 hectares and remove the encroachment therein based on the petitioner's representation dated 28.06.2022 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.V.Srihari for Mr.N.Anand For Respondents : Mr.T.Arunkumar, Addl. Govt. Pleader