VELAN Vs. JUNIOR ENGINEER

JUDGEMENT

(1.) By consent, all these writ petitions are taken up together and disposed of by this common order as the issue to be adjudicated, is one and the same.

(2.) The petitioners herein originally filed O.S.No.15 of 2017, on the file of the Sub-Court, Pattukottai, against the official respondents praying for declaration that the suit schedule property in Survey No.21 of Thoppanayagam Village, Orathanadu Taluk, Thanjavur District, belongs to them with the further declaration that those properties are not situated in the water spread area of Kallanai Canal and for permanent injunction restraining the defendants/official respondents from interfering with their peaceful possession and enjoyment of the property, including demolishing the super structure and other consequential reliefs. The said Suit is still pending without any interim orders.

(3.) The petitioners on an earlier occasion, made a challenge to the order of the Assistant Engineer, Public Works Department/Water Resources Department, Kallanai Canal Division, Edaiyathi, Orthanadu Taluk, Thanjavur District, by filing W.P.(MD).No.17885 of 2017 (Rasu), W.P.(MD).No.17910 of 2017 (Velan), W.P.(MD).No.17920 of 2017 (Jainullabuddin) and W.P.(MD).No. 17919 of 2017 (Lakshmi) and all the writ petitions came to be partly allowed by setting aside the said direction and further directed to issue Form II notice under Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 and to proceed further in accordance with law.