Wins Anto.A v. The District Collector

O R D E R Heard the learned counsel appearing for the writ petitioners and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for respondents 1 to 6 and the learned counsel appearing for the seventh respondent.

¶2The allegation of the writ petitioner is that in the petition-mentioned waterbody, a number of encroachments have come up and that they are liable to be removed.

¶3When the matter was taken up for hearing, it transpired that the Government departments as well as the local body have put up constructions and they have been in 4 W.P.(MD)NO.25381 OF 2022 existence for quite some time. We therefore felt that it would not be in consonance with public interest to direct their removal. However, in order to ensure that no further construction takes place in the water-bodies, we called upon the learned Additional Advocate General to convene a meeting of the stakeholders and take a considered decision and file a report before this Court. Pursuant to the direction given by this Court, on 05.08.2023 under the leadership of the District Collector, Kanyakumari District a meeting was convened. The minutes drawn on such occasion have been placed before this Court. Paragraph No.3 of the minutes reads as follows:- " NkYk;> tof;fpy; mwpTWj;jg;gl;l ePh;epiy Gwk;Nghf;F (kpfTk; Ml;Nrgiz Gwk;Nghf;F epyq;fs;) kw;Wk; ,ju Gwk;Nghf;F (Ml;Nrgiz Gwk;Nghf;F epyq;fs;) epyq;fspy; vjph;tUk; re;jjpapdUf;F ghJfhj;J nfhLf;Fk; nghUl;L nghJ kf;fspd; gad;ghL vd;w Nehf;fj;jpw;fhf muRf;fl;blq;fs; VJk; fl;lf;$lhJ

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¶4We direct the respondents to adhere to the aforesaid undertaking for all times to come. In other words, the existing water-bodies shall be spared and no building or construction shall be allowed to come up thereon. If this order is breached and if the public buildings have been put up, then they shall be directed to be demolished. This order shall be in the nature of continuing mandamus. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 22nd AUGUST 2023

NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 7 W.P.(MD)NO.25381 OF 2022 To:

¶1The District Collector, Kanyakumari District, Nagercoil.

¶2The Executive Engineer, Kothaiyar Irrigation Division, WRD, Nagercoil.

¶3The Assistant Engineer, Irrigation Special(Tanks) Section, WRD, Thuckalay, Kanyakumari District.

¶4The Superintendent of Police, Kanyakumari District, Nagercoil.

¶5The Sub Collector, Padmanabhapuram Revenue Division, Thuckalay, Kanyakumari District.

¶6The Thasildar, Kalkulam Taluk, Thuckalay Post, Kanyakumari District. 8 W.P.(MD)NO.25381 OF 2022

G.R.SWAMINATHAN, J. AND

B.PUGALENDHI, J. PMU W.P.(MD)No.25381 of 2022

22.08.2023 9 W.P.(MD)NO.25381 OF 2022

1 W.P.(MD)NO.25381 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.25381 of 2022 AND W.M.P.(MD)No.19464 of 2022 1. A.Wins Anto, S/o.Antony Muthu, Chairman, Project Committee, Kothaiyar Basin Irrigation System, Water Resources Department, Nagercoil, Kanyakumari District. 2. V.Murugesa Pillai, S/o.Velayuthampillai, President, P.P.Channel Distributory Committee, WRD, Eraniel & Post, Kanyakumari District. 3. R.Chellappan, S/o.Kumara Udhayamarthandan, President, Eraniel Kadaimadai Neyyoor, Colachel, Cheramangalam, Major and Minor Branch Canals, Water Users Association, Lakshmipuram, Water Resources Department, Neyyoor, Neyyoor Post, Kanyakumari District. ... Petitioners Vs. 1. The District Collector, Kanyakumari District, Nagercoil. 2 W.P.(MD)NO.25381 OF 2022 2. The Executive Engineer, Kothaiyar Irrigation Division, WRD, Nagercoil. 3. The Assistant Engineer, Irrigation Special(Tanks) Section, WRD, Thuckalay, Kanyakumari District. 4. The Superintendent of Police, Kanyakumari District, Nagercoil. 5. The Sub Collector, Padmanabhapuram Revenue Division, Thuckalay, Kanyakumari District. 6. The Thasildar, Kalkulam Taluk, Thuckalay Post, Kanyakumari District. 7. The President, Chadayamangalam Village Panchayat Chadayamangalam, Kanyakumari District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take immediate steps to remove all the encroachments in the Tank known as Mankulam @ Paambatti Kulam situated in S.No. 429/7, Chadayamangalam Village, Kalkulam Taluk, Kanyakumari District by invoking the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act 2007 and to restore the said tank to its original position. 3 W.P.(MD)NO.25381 OF 2022 For Petitioners : Mr.G.Prabhu Rajadurai For R-1 to R-6 : Mr.R.Baskaran, Additional Advocate General, assisted by, Mr.K.Balasubramani, Special Government Pleader. For R-7 : Mr.T.Cibi Chakraborthy * * *