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2008 Supreme(Mad) 4774

K.CHANDRU, P.K.MISRA
M. Subramaniam – Appellant
Versus
The Government of Tamil Nadu, Rep. by its Secretary to Government, Department of Revenue & Others – Respondent


Advocates Appeared:
For the Petitioner:M.S. Palaniswamy, Advocate.
For the Respondents:R1 to R4, M. Dhandapani, R5, N. Manokaran, Advocates.

Judgment :-

P.K. Misra, J

1. This writ petition has been filed for issuing a writ of Mandamus directing the respondents 1 to 4 to remove the encroachments in Survey Nos.178, 179/2, 72 and 74 in Ennamangalam eri, Bhavani Taluk, Erode District.

2. The allegations made in the writ petition are to the following effect :-

Ennamangalam Eri (lake) is situated in R.S.No.178 with an area of 476. 70 Hectares. The water from such lake is used for irrigation of ayacut lands situate in the East and West of the lake. Such lake irrigates about 360. 5 Hectares of lands and, moreover, because of the lake, percolation of water in the wells of the adjoining area is maintained. The allegation is to the effect that influential persons have encroached upon the water spread area on the western and northern sides of the lake. The rain water from Burgur hills and the waste lands on the North and West of the lake is the source of water and if the water flow is obstructed on the northern and western sides by cultivation, the flow of water to the lake would be obviously affected. The encroachers have raised the level of ground by encroaching upon the lake area, thus diminishing the water spread area. By referri








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