Mandamus issued for water body encroachment removal; authorities liable for dereliction, disciplinary action mandated.

Order :

S.M.Subramaniam J.

Writ of mandamus has been instituted directing removal of all encroachments on the water channel emanating from Chembarambakkam Lake and passing through No 61-Malaiyambakkam Village, No 65-Kollaichery Village, No.87-Muntram Kattai Village, No.83-Thandalam Village, No 81- Tharapakkam Village and converging in the Adyar River at Manimedu in Tharapakkam Village and direct initiation of action against the encroachers and the colluding officials. The second relief sought for in the writ petition is to direct the Commissioner of Police Tambaram to enquire into the allegations against respondents 9, 10 and other officials based upon the representation submitted by petitioners 2 and 3 on 30.11.2023.

2. Petitioners, as a family are residing in Mariamman Koil Street, Thandalam Village, Kundrathur Taluk, Kancheepuram District. Petitioners have given a complaint to the competent authority for removal of encroachment from water body on 28.06.2023. Since complaint was given for removal of encroachment in a water body, few encroachers have taken personal vengeance against the family members of the petitioners. On 26.10.2023, when 2^nd and 3^rd petitioners were proceeding to Vel’s University in a scooter, they were intercepted and manhandled by Venu, S/o.Seethapathi, Wilson, S/o.Venu, Murugan, S/o.Seethapathy, their relatives Gowthaman and Anu, W/o.Venu, at the instigation of the Village Administrative Officer, Thandalam Village Panchayat and K.Arasu/President, Thandalam Village Panchayat as well as Bakyalakshmi, W/o.Thangam, Ward member. Citing the names of these persons who have manhandled the 2^nd petitioner (brother of the 3^rd petitioner) and 3^rd petitioner (college student), a police complaint was lodged.

3. The complaint given by the petitioners, was not investigated properly. Contrarily, the alleged accused persons were called, and concerned police authority insisted the petitioners’ family to withdraw the complaint, failing which, they will face serious consequences.

4. In Paragraph No.18 of the writ affidavit, it is stated that 3^rd petitioner is a law student. To terrorise the family members of the 2^nd and 3^rd petitioners, they were attacked. A representation dated 30.11.2023 was addressed to the Commissioner of Police, disclosing the commission of offences, including the offence against women affecting the modesty of women under Section 354 IPC (under Section 74 of BNS). It appears that Sub-Inspector of Police made an attempt to close the case, and there is no further action at the end of the Commissioner of Police. It is further stated that Village Administrative Officer, President, Thandalam Village Panchayat and Inspector of Police have visited the property of the petitioners’ family, removed coconut trees and diverted the water channels into the property of the petitioners. It is submitted that Village Administrative Officer, Thandalam Village Panchayat allegedly insisted other persons to commit the offence. Police authorities and Panchayat Authorities have colluded with the land grabbers, and acted not only in violation of the law, but also made an attempt to protect the alleged land grabbers and encroachers in water body.

5. Learned counsel for the petitioners would submit that all these land grabbers have encroached upon the water body, and instead of removing the encroachments from the water body, officials colluded and protected the encroachers in the water body.

6. Pertinently, one Mrs.M.Malarvizhi, Tahsildar, Kundrathur addressed a letter to the learned Government Pleader vide Na.Ka.No.2033/2024/Aa1, dated 25.09.2024 stating that survey will be c