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2017 Supreme(Mad) 3286

M.SATHYANARAYANAN, N.SESHASAYEE
Lower Bhavani Farmers Federation, Represented by its Vice President, A. Ramasamy – Appellant
Versus
District Collector, Erode – Respondent


Advocates Appeared:
For the Petitioner:M. Guruprasad, Advocate.
For the Respondents:M.E. Rani Selvam, Additional Government Pleader, S.K. Rameshwar, P. Srinivas, I.C. Vasudevan, Advocates.

JUDGMENT :

M. Sathyanarayanan, J.

1. By consent, this Writ Petition is taken up for final disposal.

2. The petitioner is the Vice President of the petitioner Association and their endeavour appears to be removal of the encroachments in S.No.808/1 in Bhavani Taluk, which is classified as River Poromboke. The petitioner would further state that Bhavani Sagar Dam across river Bhavani was constructed during 1948 1955 and an extent of 2,07,000 acres get irrigation through Lower Bhavani Project Canal (L.B.P. Canal) and modernization was also done. It is further averred by the petitioners that the area between Bhavani river on one side and Lower Bhavani Project (LBP Canal) on the other side being irrigated by LBP Canal water is termed as LBP ayacut and the lands fall near Bhavani river bed is called Bhavani ayacut which is vey small and few farmers not covered under the above ayacut are called non-ayacutars and their water source for irrigation is their own well. It is the specific case of the petitioners that the lands in S.No.808/1 of Bhavani Village is a water course and the private respondents had encroached upon the same and in this regard, the petitioners had submitted very many repres











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