Case Note & Summary
The petitioner, K.K. Vengidusamy, filed a writ petition before the Madras High Court seeking a mandamus to direct the District Collector, Revenue Divisional Officer, and Revenue Tahsildar of Erode District to remove encroachments from R.S. No.14/3, classified as Vari Poramboke land, situated at Kondaiyamapalaym village, Gobichettipalayam Taluk, Erode District, and restore the water body to its original condition. The petitioner relied on an enquiry already initiated by the third respondent pursuant to a notice in Na.Ka. 4307/2023/A1 dated 02.04.2025. During the hearing, the learned Additional Government Pleader, appearing for the respondents, submitted based on written instructions from the Tahsildar that the competent authority had already issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 04.02.2025, followed by a Section 6 notice on 06.03.2025. However, when the authorities proceeded to survey the property, they did not carry out removal of encroachments due to standing crops, and in the interregnum, the writ petition was filed. The court observed that the respondents had already initiated enforcement action and deemed it appropriate to direct them to proceed further with their action in accordance with law for removal of encroachments as expeditiously as possible. The writ petition was disposed of with no costs.
Headnote
A) Public Interest Litigation - Protection of Water Bodies - Mandamus - The petitioner sought a writ of mandamus to direct the respondents to remove encroachments from R.S. No.14/3, classified as Vari Poramboke land, and restore the water body to its original condition - The court noted that the respondents had already initiated enforcement action under Sections 6 and 7 of the Tamil Nadu Land Encroachment Act, 1905 - Held that the respondents must proceed further with their action in accordance with law for removal of encroachments as expeditiously as possible (Paras 1-3).
Issue of Consideration
Whether the respondents should be directed to remove encroachments from a water body classified as Vari Poramboke land and restore it to its original condition.
Final Decision
The writ petition is disposed of with a direction to the respondents to proceed further with their action in accordance with law for removal of encroachments as expeditiously as possible. No costs.
Law Points
- Mandamus
- Encroachment
- Water body protection
- Tamil Nadu Land Encroachment Act
- 1905
- Sections 6 and 7
