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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA, JJ
N.S.Parthasarathi – Appellant
Versus
The District Collector, Madurai District, Madurai – Respondent
| Table of Content |
|---|
| 1. encroachments in water body catchment areas. (Para 2) |
| 2. analysis of conflicting prior judgments on catchment zoning. (Para 3 , 4 , 5 , 6) |
| 3. per incuriam doctrine inapplicable; uphold earlier precedent. (Para 7 , 8 , 9) |
| 4. constitutional duty to protect catchment areas. (Para 10) |
| 5. direct removal of encroachments within four months. (Para 12) |
(By G.R.SWAMINATHAN, J.)
Heard both sides.
2.The writ petitioner is the president of a water users association.
Its members depend upon Thiruvalayanallur Kanmoi for their irrigation requirements. The said water body is spread over 79.3 acres of land. The petitioner's grievance is that there are encroachments in the water body. He would further allege that patta has been granted in respect of the water catchment areas and that they should be cancelled. He points out that the pattadhars have erected concrete barriers thereby preventing free flow of water. Taking note of the petitioner's representation, the Assistant Engineer, PWD/WRD, Periyar-Vaigai Basin Circle, Madurai vide letter dated 23.07.2019 called upon the Tahsildar, Vadipatti to take steps to cancel the pattas issued in respect of water catchment areas. Since consequentia
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