The duty of the State to protect natural resources, the policy of sustainable development, and the Doctrine of Public Trust were central legal principles established in the judgment.

P.K. Misra, J

W.P.NO.16636 of 1995 has been filed by Sivakasi Region Tax Payers Association for issuing a writ of Certiorarified Mandamus for quashing G.O.Ms.No.867 dated 19. 1995 and for a further direction to remove the encroachments in Siru Kulam Kanmai situated at Sivakasi Town in Survey No.579.

W.P.No.22274 of 2007 has been filed by the very same Association for issuing a writ of Certiorari for quashing G.O.Ms.No.854 Revenue Department dated 30.12.2006.

2. The relevant portion of G.O.Ms.No.867 dated 19. 1995, impugned in W.P.No.16636 of 1995, is extracted hereunder :-

"5. The Government considered the report submitted by the Commissioner for Land Administration. In the Siru Kulam Kanmai Poramboke, out of the 138 encroachments, 93 are residences, 36 are industries and 9 other encroachers. The above encroachments are near the banks of the Kanmai and they are there for the past 25 years. In this 102 encroachers were given Electricity connections, 2 encroachers were given water connection, 10 encroachers were given telephone connection. Apart from houses, there is one Mid-Day Meals Centre, Government Hostel for Ladies and a temple are there. When action was taken to remove the encroachments there was law and order problem and hence the action was stopped. Hence, even if action is taken to remove the encroachments, building with electricity, water and telephone connection, temple, workshop, ladies hostel, printers Association, etc., would be put into difficulties and law and order problem may arise. Hence, taking into consideration of temple, Mid-Day Meals Centre, ladies hostel, building with electricity, telephone connection, the Government considers it difficult to remove the encroachments.

6. Taking into consideration what is stated in para 5 above, as a special measure the Government relaxes the earlier prohibition of assignment of Kanmai Poramboku land and the Government orders to convert the 138 encroachments in Siru Kulam Kanmoi Poramboku, Sivakasi Town into Natham."

3. The purport of the subsequent G.O., is for the grant of patta to the persons who have constructed house and occupied the Government land by encroachment, subject to certain conditions.

4. The basic allegations as contained in the latter writ petition are as follows :-

4.1 Sivakasi is an industrial town, which is thickly populated with a total area of 7 sq.kms. There is acute shortage of water supply and people depend upon ground water. There is no perennial river flowing in Sivakasi Town and nearby, but there are two tanks in Sivakasi named Periya Kulam Kanmai and Siru Kulam Kanmai. Periya Kulam Kanmai is located on the western side of the Town and receives water from Sengulam Kanmai, which is situated nearby Anaiyur village. When Periya Kulam Kanmai overflows, excess water flows into Siru Kulam Kanmai in one side and Thattar Oorani on the other side and to Parai Kulam Oorani on another side. Thattar Oorani has been encroached and is named as Jail Singh Nagar. The overflow water from Siru Kulam tank flows to Sivan Koil Oorani. This area and the nearby Mayanam (cremation ground) are encroached upon and Kudiyiruppu (residential area) is named as Anna Colony. When Sivan Koil Oorani gets filled up, excess water proceeds to Pari Kulam Oorani and the water passes through the Odai in Muslim Middle Street, Muslim Odai Street, Kathan Street, New Road Street, Potha Marathu Oorani and goes out of the town. These Periya Kulam and Siru Kulam, Thattar Oorani, Sivan Koil Oorani and Potha Marath Oorani are the largest reservoirs in the Sivakasi and the main source of ground water and water supply.

4.2 Due to encroachments in Sivan Koil Oorani and the channels in Muslim Middle Street, Muslim Odai Street, all the water bodies do not get water to its full level. During the year 1996, due to heavy rains, Siru Kulam tank had become full. The authorities had blocked the watercourse from Periya Kulam to Siru Kulam with sand bags which resulted in flooding of water in