Case Note & Summary
The writ petition was filed by A.J.Magesh seeking a direction to the respondents to remove all encroachments from the Araniyar river water supply channel located in Melakkaramanur Village (Survey Nos.86, 118, 130, 151) and Avicheri Village (Survey Nos.5, 6, 14/1) at Uthukottai Taluk, Tiruvallur District, as identified by the 7th respondent in Na.Ka.1170/2022/Aa2 dated 03.02.2023, and to restore the supply channel to its original condition. The District Collector, Tiruvallur, filed a status report indicating that 64 encroachments were identified, and Form-I & II under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 were handed over to the 8th respondent. Form-III was issued to encroachers on 19.11.2025, and eviction proceedings commenced on the same day but were deferred due to protests from encroachers. The court, after considering the status report and submissions, directed the respondents to complete the eviction process and restore the water supply channel to its original condition within a period of eight weeks from the date of receipt of the order. The court also directed the respondents to file a compliance report before the Registrar Judicial of the court within two weeks thereafter.
Headnote
A) Public Interest Litigation - Encroachment on Water Bodies - Removal of Encroachments - Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 - The petitioner sought removal of encroachments from Araniyar river water supply channel. The court, based on status report, noted that eviction proceedings had commenced but were deferred due to protests. The court directed the respondents to complete the eviction process and restore the channel within eight weeks. (Paras 1-4)
Issue of Consideration
Whether the respondents should be directed to remove encroachments from the Araniyar river water supply channel and restore it to its original condition.
Final Decision
The court directed the respondents to complete the eviction process and restore the water supply channel to its original condition within eight weeks from the date of receipt of the order. Respondents to file a compliance report before the Registrar Judicial within two weeks thereafter.
Law Points
- Public interest litigation
- encroachment on water bodies
- eviction under Tamil Nadu Protection of Tanks and Eviction of Encroachments Act
- 2007
- duty of state to restore water channels
