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2022 Supreme(Mad) 178

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUNISHWAR NATH BHANDARI, P.D. AUDIKESAVALU, JJ.
K.K. Ramesh & Others - Appellant
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary to Chief Minister, Chennai & Others - Respondent
W.P.(MD)No. 22163 of 2018, W.P. No. 19949 of 2017 & 768 of 2019 & W.M.P. No. 21529 of 2017
Decided On : 27-01-2022

Advocates Appeared:
For the Appellant : K.K. Ramesh
For the Respondents:R. Shunmugasundaram, Advocate General, J. Ravindran, Additional Advocate General assisted by P. Muthukumar, Government Pleader, R. Anitha, Special Government Pleader, C. Harsha Raj, Additional Government Pleader, R8, Antony Arul Raj, Advocates.

Headnote:

Constitution of India, 1950 - Article 226 - Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 - Registration Act, 1908 - Writ of Mandamus -Public Interest Litigation - Petitioner has sought for a direction to State of Tamil Nadu and Secretary, Water Resources Organisation, Public Works Department for demarcation and protection of lakes and ponds in Tamil Nadu coming under control and maintenance of Water Resources Organisation functioning in Public Works Department of the State Government – Held, It shall also be ensured that all necessary measures are taken to preserve those water bodies including de-silting at regular intervals, creating public awareness and arranging cleanliness drive for surroundings with local participation, and prevent unauthorized occupation by fencing, installation of CCTV cameras for surveillance and/or appointment of security guards, wherever possible - It is made clear that nothing said in this order shall be construed as precluding any land, which has not been included in list of water bodies produced before this Court, to be independently treated as ‘water body’ by Competent Authority on satisfaction with necessary supporting materials in proof of same - Writ Petitions dismissed.

JUDGMENT/ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the First Respondent to instruct all the Respondents to issue Circular or Government Order or Notification to

    (A) to stop the Registration of lands without patta in all Registrar Offices in Tamil Nadu;

(B) E.B. Connection should not be granted to encroached lands and disconnect the E.B. lines if already granted on water bodies;

(C) all Local Bodies should not issue plan approval and drinking water line connection to the encroached lands and disconnect the drinking water connection if already granted in water body areas;

(D) all Local Bodies should not levy taxes for the houses built in the encroached lands and cancel if already levied in water bodies area;

(E) the Election Commission should not issue voter I.D. cards to those who are living in encroached lands of water bodies;

(F) pattas should not be issued to the encroached places of water bodies;

(G) to stop all Government benefits to those who are living or occupying in encroached lands of water bodies;

by considering the Petitioner’s representation dated 03.09.2018.

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing all the Respondents Authorities to remove encroachments within boundaries of all the tanks as defined in the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, in all the 32 Districts of the State and restore them to the original condition as found in records of the Revenue Department, within a time frame to be fixed by this Court.

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the First and Second Respondents to take action on the representation dated 27.06.2018 made by the Petitioner with regard to demarcation and protection of lakes and ponds in Tamil Nadu coming under the control and maintenance of the Second Respondent.

1. Tamil Nadu has been naturally endowed with water resources at almost every village. Our ancestors had the foresight to ensure preservation of water, which is an essential commodity not only for daily living of man, but also for the sustenance of all living creatures, including animals, birds and plants. The rapid pace of urbanization coupled with geometric progression in population growth has the deleterious effect of acute shortage of space and sky rocketing of prices in land value. The greed of man to exploit the situation has lead to rampant land grabbing of vacant lands belonging to the State and more particularly, the water bodies by encroachment of lakes, ponds, tanks, rivers and water channels, etc., In the absence of the taking effective measures for preservation of water for future, it is really the general public who have to suffer either by the havoc created by the inundating floods during rains when there is no absorption of ground water, or due to acute water scarcity during the drought periods.

2. These Writ Petitions, which have been entertained as ‘Public Interest Litigation’ by this Court, pertain to expeditious action for identification of water bodies in the State of Tamil Nadu and eviction of encroachments and other connected aspects to deter future encroachments.

3. In the Writ Petition in W.P. No. 768 of 2019, the Petitioner has sought for a direction to the State of Tamil Nadu and the Secretary, Water Resources Organisation, Public Works Department for demarcation and protection of lakes and ponds in Tamil Nadu coming under the control and maintenance of the Water Resources Organisation functioning in the Public Works Department of the State Government.

4. In the Writ Petition in W.P. No. 19949 of 2017, the Petitioner has sought for directions to remove the encroachments within t



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