The main legal point established is the significance of upholding conditions in land grants, considering larger public good and sustainable development, and preventing unauthorized conversion of cultivable lands.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st respondent through respondents 2 to 6, to release the excess water above normal level in Anaipalayam Lake, through its three sluices, so as to protect the lives and livelihood of villagers of Chandrasekarapuram Panchayat, from the inundation caused by water of Anaipalayam Lake.)

“TAMIL”

A. The Petition:

The President of Chandrasekarapuram Village Panchayat has filed this Writ Petition praying for issuing a Writ of Mandamus directing the first respondent, through the respondents 2 to 6 to release the excess water above the normal level in the Anaipalayam lake through its three sluices so as to protect the lives and livelihood of the villagers of the Chandrasekarapuram Panchayat from inundation caused by the water of Anaipalayam lake.

B. Facts in Brief:

2. Chandrasekharapuram Village and Anaipalayam are two adjacent villages in Rasipuram Taluk, located nearby Rasipuram Town. Chandrasekarapuram village has got 8000 residents, while Anaipalayam Village has 800 residents. In Anaipalayam Village, there is a lake spread over 126 acres. While Anaipalayam Village was a Ryotwari Village, Chandrasekarapuram Village was a Mitta, when the Tamil Nadu Estates (Abolition And Conversion into Ryotwari) Act, 1948 came into force. While so, after the introduction of the said Act, in respect of certain lands of total area claimed to be about 500 acres in Chandrasekarapuram Village, Ryotwari Patta was refused by the authorities on the ground that these lands were liable for submersion. 2.1 The said order of the Commissioner of Settlements, Board of Revenue, dated 23.03.1962, was put to challenge by the then holders of these lands before this Court in W.P.No.772 of 1962. By a Judgment dated 03.09.1964, the learned Single Judge of this Court, finding that the land has been in cultivation for a number of years, even prior to the introduction of the Act, held that merely because the land is liable for submersion, it cannot lose its character as ryoti land. On the said findings, the matter was remanded back to the authorities for consideration and issuance of Ryotwari Patta. As per the said direction, the question of grant of Ryotwari Patta for these lands were considered by the then Assistant Settlement Officer under the Act and by an order dated 19.06.1971, Ryotwari Pattas were granted to the claimants, but, however, with the following conditions:-

“The pattadars should not put up check dams or digging up channels affecting the water level of tank

The pattadars should not impose any new conditions affecting the rights of ayacutdars of Anaiplayam Tank

The pattadars should not interfere with the easement rights of the public over the tank

They should not prevent in any form over stagnation of water.”

2.2 However, it seems thereafter, the authorities as well as the owners of the land had forgotten about the above conditions and the entire area at present has a mixed development consisting of both residential houses and cultivation. It is also now contended before this Court that even the Government has allotted lands for landless poor in the said area. There are not only houses, even the panchayat has dug borewells and built pumping stations and other facilities for drinking water in the said area.

2.3 While so, in the year 2022, there was copious rainfall. On account of nature-s bounty, the Anaipalayam lake is filled up to the brim. As a natural consequence, the entire tank bed area covered by the aforesaid conditional Patta stands submerged under water and there is inundation to a depth of about two to three feet. The residents of the ill-located houses are seen walking in two feet of water to their houses and the cultivation in the rest of the