Case Note & Summary
The petitioner, S.S. Chinnadurai, filed a writ petition before the Madras High Court seeking a direction to the respondent authorities (District Collector, District Revenue Officer, Revenue Divisional Officer, Tahsildar, Superintendent of Police, and Inspector of Police) to remove encroachments made by private respondents (Yusuf Nisha, Mallikunisha Begum, Subaitha Begum, Noorthaj Begum, Soniya Begum, Periyathambhi, and Kamalakannan) in Survey Nos. 55/1E and 55/1B in Paavandhur Village, Sankarapuram Taluk, Kallakurichi District. The petitioner also sought restoration of the blocked water path (NEER ODAI PORAMBOKE) in the said survey numbers and cancellation of the DKT patta issued in favor of the 7th respondent. The court noted that the Additional Government Pleader appearing for respondents 1 to 6 submitted that during inspection, a water channel was found running, but there was no entry in the Revenue Records regarding the same. Based on this fact, the court observed that the authorities must initiate necessary action, either by making appropriate entries in the Revenue Records or by scrutinizing previous Revenue Records, if available. The authorities were directed to take appropriate action in accordance with law, after affording an opportunity to any identified encroachers. The petitioner was also given liberty to produce any records available with him before the competent authority. With these observations, the writ petition was disposed of without any order as to costs.
Headnote
A) Property Law - Encroachment on Water Channel - Revenue Records - The petitioner sought removal of encroachment on survey numbers 55/1E and 55/1B and restoration of a water path (NEER ODAI PORAMBOKE). The Additional Government Pleader submitted that during inspection, a water channel was found running but there was no entry in the Revenue Records. The Court directed the authorities to initiate necessary action, including making entries in Revenue Records or scrutinizing previous records, and to take appropriate action after affording opportunity to encroachers. The petitioner was also at liberty to produce records before the competent authority. (Paras 2-4)
Issue of Consideration
Whether the writ petition seeking removal of encroachment on a water channel and restoration of water path can be granted when the revenue records do not reflect the existence of such water channel.
Final Decision
Writ Petition disposed of with observations directing authorities to initiate necessary action to make entry in Revenue Records or scrutinize previous records and take appropriate action after affording opportunity to encroachers. Petitioner at liberty to produce records before competent authority. No costs.
Law Points
- Public duty of revenue authorities to protect water bodies
- Encroachment on water channel
- Duty to scrutinize revenue records
- Opportunity of hearing to encroachers
