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2019 Supreme(Mad) 185
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Malayampattu Eri Pasanadarar Sangam rep. by its President N.Natarajan - Petitioner
Versus
The District Collector, Thiruvannamalai District, Thiruvannamalai and Ors - Respondent
W.P.No.25618 of 2005 and W.P.M.P.No.28042 of 2005
Decided on : 04-01-2019
Advocate Appeared:
For the Petitioner: Mr.P.Seshadri
For the Respondents: M/s.R.Janaki, Additional Government Pleader Mr.V.Raghavachari
The duty of the State to protect water bodies and public lands, and the need to evict encroachers to preserve water resources for public welfare, as well as legal principles from various court judgments and constitutional provisions related to encroachments, environmental protection, and public rights.
Headnote:
Eri Poramboke - Land Encroachment - Tamil Nadu Land Encroachment Act, 1905, Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 - The judgment discusses the fraudulent issuance of Ryotwari patta in favor of individuals, converting Eri Poramboke into patta land, and the impact on water resources and villagers. The court emphasizes the duty of the State to protect water bodies and public lands, and the need to evict encroachers to preserve water resources for public welfare. The judgment also highlights legal principles from various court judgments and constitutional provisions related to encroachments, environmental protection, and public rights.
Fact of the Case:
The writ petitioner, a society registered under the Tamil Nadu Societies Registration Act, challenged the issuance of Ryotwari patta in favor of individuals, converting Eri Poramboke into patta land, affecting water resources and villagers. The respondents, including the Assistant Settlement Officer and Tahsildar, were accused of fraudulent activities and negligence, leading to the loss of water resources and encroachments on public lands.
Finding of the Court:
The court found that the Assistant Settlement Officer fraudulently issued the impugned order, favoring individuals and converting Eri Poramboke into patta land. The court emphasized the duty of the State to protect water bodies and public lands, and the need to evict encroachers to preserve water resources for public welfare. The court also directed the District Collector to conduct review meetings, identify encroachments, and initiate immediate action to evict encroachers in Government Poramboke lands, water bodies, and water resources.
Issues: The issues involved fraudulent issuance of Ryotwari patta, conversion of Eri Poramboke into patta land, encroachments on public lands, and the impact on water resources and villagers. The negligence and corrupt activities of the officials were also highlighted.
Ratio Decidendi: The judgment emphasized the duty of the State to protect water bodies and public lands, and the need to evict encroachers to preserve water resources for public welfare. It also highlighted legal principles from various court judgments and constitutional provisions related to encroachments, environmental protection, and public rights.
Final Decision: The final decision quashed the orders of the Assistant Settlement Officer and Tahsildar, directed the District Collector to conduct review meetings, identify encroachments, and initiate immediate action to evict encroachers in Government Poramboke lands, water bodies, and water resources. The Superintendent of Police was also directed to provide adequate protection to officials for eviction actions.
1. The order passed by the 4th respondent / Assistant Settlement Officer, Thiruvannamalai in proceedings dated 29.06.2000 and the order of the 3rd respondent / The Tahsildar in proceedings dated 02.09.2004 are under challenge in this writ petition.
2. The writ petitioner is Malayampattu Eri Pasanadarar Sangam, A Society registered under the Tamil Nadu Societies Registration Act. The Society consists of members, who are Ayacutdars of Malayampattu Village, Pungambadi Post, Arni Taluk. The petitioner society had been constituted for espousing the interest of the agriculturists by settling irrigation disputes, repairing water irrigation works and to reclaim the Vaikkals in the village for the purpose of facilitating effective irrigation sources for the benefit of the villagers. It is stated that the Malayampattu Village has a population of about 2000 members. There is a village tank, which has an Ayacut area of 150 acres and the tank is comprised in Survey No.68. The lands, which are the subject matter of the present writ petition are comprised in S.No.70/5, 70/6, 70/7, 70/8 and 72/5 measuring a total extent of 4.85 acres in Malayampattu Village, Pungambadi Post, Arni Taluk, Thiruvannamalai District. The said lands were originally classified as “Eri Poramboke” or catchment area. There are three irrigation tanks viz. Malayampattu Eri and Kurvadi Eri maintained by P.W.D. and Melsathu Eri maintained by Panchayat Union. The fact that the lands in question have been classified as Eri Poramboke for a very long time is evident from the 'A' Register and Adangal, which would disclose that the lands are Eri Poramboke viz.the catchment area for the tank. The Village Panchayats has dug a deep borewell in May 2003, which is the main water source to the entire village and the said borewell is an existence for a very long time. There has also been a pipe line laid in the year 2003 by the Tamil Nadu Water Supply and Drainage Board for the said purpose. The members of the petitioner Association and other villagers have been using the water from the said lands and the borewell for irrigation and drinking water purposes, which all are the indisputable fact.
3. The grievances of the writ petitioner is that the respondents 5 to 7 namely the Assistant Settlement Officer has passed an order on 29.6.2000, granting Ryotwari patta in respect of the extent of 4.85 Acres, which is a catchment area, by cancelling the classification of Eri Ulvoy and reclassifying the same into Ryotwari lands and directed issuance of patta under Section 11-A of the Tamil Nadu Estate(Abolition and Conversion into Ryotwari) Act, 1948. No notice or opportunity was given to the villagers and the members of the petitioner Sangam though the records seems to have been created as if tom tom has been made in the village. Pursuant to the said orders as Assistant Settlement Officer, the Tahsildar has passed an order on 02.09.2004, giving effect to the order of the Assistant Settlement Officer by making necessary changes in the Revenue records, granting Ryotwari patta in favour of the respondents 5 to 7. Having come to know of the above said reclassification and grant of patta in favour of respondents 5 to 7, were in possession and using the lands, which was a catchment area all along, the villagers of Malayampattu made representations to the respondents and the Hon'ble Chief Minister on 12.7.2005, requesting to cancel the Ryotwari patta granted in favour of respondents 5 to 7 and to remove the encroachments made by the respondents 5 to 7. The villagers have pointed out that the main irrigation source for the village would be greatly affected and the water command area namely well and bore areas would be converted into habitable land areas affecting water resources, particularly drinking water to villagers. The respondents 5 to 7 have also filed a Civil Suit in O.S.No.251 of 2005 on the file of the District Munsiff, Arni for injunction against the respondents and the deponent of this
