IMPORTANT POINT
Jurisdiction of the Water Resource Department over the waterbody and the obligation to remove encroachment.

JUDGMENT :

Sanjay V. Gangapurwala, J.

(Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 herein to consider the representation dated 21.03.2022 and forthwith take action to remove the encroachment and to demolish the illegal construction put up by the 6th respondent herein in Survey No.142/1A and 142/1B, 25/2 and 25/4 disconnect electricity connection and water connection Thirukoilur, Kallakurichi District.)

1. We have heard Ms.SA.Kanmani, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for the respondents 1 to 3, 5 and 7, Mr.T.K.Saravanan, learned Government Advocate for the second respondent, Ms.Daniel Mary, learned counsel for the fourth respondent and Mr.K.P.Suresh Kumar, learned counsel for the sixth respondent.

2. The present writ petition is filed for removal of encroachment from the vaikkal land.

3. It is contended that the sixth respondent has encroached the waterbody in S.Nos.143 and 55.

4. According to learned counsel for the sixth respondent, the building has been constructed as per the planning permission in his own land and no encroachment has been made. The sixth respondent has filed writ petition bearing No.31767 of 2022 against the present petitioner for having committed the encroachment. It is submitted that there is also an order of this Court in the said writ petition for removal of encroachment.

5. The said aspect would be considered in the writ petition when it comes up for hearing.

6. As far as the present writ petition is concerned, TANGEDCO has filed an affidavit saying that it has considered the planning permission, patta and thereafter, granted electricity connection. The second respondent has filed an affidavit stating that S.Nos.143 and 55 are classified as Chitheriyan vaikal. The same is under the control of Water Resources Department. A communication was sent to the Commissioner, Water Resource Department, Chennai dated 04.08.2022. It is for the Water Resource Department to remove the encroachment if it is in the vaikkal land.

7. Leave is granted to add the Executive Engineer, Water Resource Department, Pennaiyaru Basin Division, Thirukoilur, Kallakurichi District as a party.

8. Learned Special Government Pleader accepts notice for the added party. The Water Resource Department shall conduct survey of S.Nos.143 & 55 (subject writ lands) after notice to the concerned parties. If, upon survey, some encroachment is found, then, immediately steps shall be taken to remove the encroachment from the vaikal land in accordance with law.

9. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.23248 & 23249 of 2022 are closed.