A party must adhere to statutory regulations concerning land use and construction in water channels, and unauthorized encroachments lead to dismissal of relief petitions.

JUDGMENT

The above writ petition is filed challenging Exts.P9, P18 and Ext.P19 orders and for a consequential direction to the 7^th respondent to issue permission on Ext.P7 application and other documents submitted by the petitioner vide Ext.P16 communication.

2. Petitioner is a trust and is conducting educational institutions, and a college is established on 11 acres of land. It is submitted that there is a public channel passing through the compound of the petitioner Trust where the institution is functioning, which divides the compound into two parts, one where the buildings are functioning, and the other half wherein a new polytechnic college and playground for the students is proposed. As the public channel causes inconvenience to the students and staff of the institution, the Trust decided to construct a culvert across the channel. For constructing the culvert, the petitioner sought permission before the 6th respondent and after due deliberation, the 6th respondent permitted the petitioner to carry out the construction of the culvert, as evident from Ext.P1 decision.

3. After obtaining permission from the 6th respondent, the petitioner started constructing a culvert across the same. While the construction was going on, Ext.P2 stop memo was issued by the 5th respondent, Village Officer. Thereupon, the petitioner submitted an application for permission to construct the culvert across the public channel.

4. A detailed report was filed by the Taluk Surveyor, as Ext.P3, wherein it is reported that the construction of the pillars is not obstructing the free flow of water through the channel. Thereafter, Ext.P4 order was issued, withdrawing the stop memo issued as per Ext.P2. While construction was going on, the 4th respondent again issued a notice to the petitioner stating that certain residents of the locality had given a complaint regarding the construction of the culvert. A site inspection has proposed in the presence of the parties, as evident from Ext.P5 notice and the 4th respondent inspected the site and was convinced of the fact that the petitioner is constructing the culvert by preserving the public channel without reducing its width, and the construction was done based on the permission granted by the 6th respondent. On the basis of the permission granted, the petitioner started the construction of the culvert across the 'thodu', and certain persons trespassed into the property and threatened the workers. Petitioner approached the 3rd respondent, Tahsildar, to give final approval for finishing the work of the culvert, wherein he was directed, as per Ext.P6, to get approval from the concerned Panchayat as well as the Irrigation Department. Thereupon, representations were filed. While so Ext.P9 stop memo was issued stating that the petitioner had violated the provisions of the Land Conservancy Act , 1957. Challenging the stop memo, petitioner filed WP(C) No.15510 of 2019, which was disposed of as per Ext.P10 judgment directing the 2nd respondent, District Collector, to take a decision in the matter after obtaining a report from the Irrigation Department as well as from the Grama Panchayat. The District Collector visited the premises and directed the 3rd respondent to make available the survey sketch and measurement, and encroachment, if any, made while constructing the culvert. Ext.P11 is the survey sketch prepared in this regard. Petitioner submits that Ext.P11 is prepared without proper measurement. The petitioner, in order to ascertain the land details, including the measurement sketch pertaining to Survey No.94/2, 5&14, had approached the Survey Director of the Central Survey Office, the Additional Tahsildar, Cher