Case Note & Summary
The petitioners, residents of Velliangadu Village, filed a writ petition seeking a direction to the revenue authorities (respondents 2 to 4) to remove encroachments made by private respondents (respondents 5 to 9) on an Odai (water channel) and water check dam comprised in Survey No.449, situated at Velliangadu Village, Mettupalayam, Coimbatore District. The petitioners also sought restoration of free flow of water in the water channel. They had made a representation dated 16.12.2021 to the authorities, which was not acted upon. During the hearing, the learned Additional Government Pleader appearing for respondents 1 to 4 submitted that respondents 3 (Tahsildar, Mettupalayam) and 4 (Block Development Officer, Mettupalayam) are the competent authorities to take action for removal of encroachments on the water body. In view of this submission, the court deemed it appropriate to direct respondents 3 and 4 to conduct inspection and survey of the property. If encroachments are identified, the authorities shall proceed further in accordance with law for eviction of encroachments as expeditiously as possible. The court ordered no costs and disposed of the connected miscellaneous petition on payment of separate court fee.
Headnote
A) Public Interest Litigation - Encroachment on Water Bodies - Removal of Encroachments - The petitioners sought direction to remove encroachments made by private respondents on Odai Poramboke (water channel) in S.No.449, Velliangadu Village. The court, noting the submission of the Additional Government Pleader that respondents 3 and 4 are the authorities to take action, directed them to conduct inspection, survey, and if encroachments are identified, proceed for eviction in accordance with law expeditiously. (Paras 2-3)
Issue of Consideration
Whether the respondents 3 and 4 (Tahsildar and Block Development Officer) are obligated to remove encroachments on a water body (Odai Poramboke) and restore free flow of water.
Final Decision
The court directed respondents 3 and 4 (Tahsildar and Block Development Officer) to conduct inspection and survey of the property. If encroachments are identified, they shall proceed further in accordance with law for eviction of encroachments as expeditiously as possible. No costs. W.M.P.No.3861 of 2022 is ordered on payment of separate Court Fee.
Law Points
- Public interest litigation
- encroachment on water bodies
- duty of revenue authorities to remove encroachments
- right to free flow of water
