A.AYYAKANNU Vs. DISTRICT COLLECTOR, SIVAGANGAI DISTRICT

JUDGEMENT

(1.) This writ petition, styled as Public Interest Litigation, is filed by the resident of Ganesapuram, O.Siruvayal, Karaikudi Taluk, Sivagangai District and he would aver among other things that in his village, there is a pond namely "Chettichi Urani" situated in Survey No.103/B and the said pond is regularly used by the villagers for their own purpose and also for the maintenance of their cattle and it is filled up by way of supply channel in Survey No.119.

(2.) It is the specific case of the petitioner that the fourth respondent has completely destroyed the shutters and closed the channel with soil and in this regard, he has also submitted a representation dated 03.04.2017, along with the villagers to the concerned official respondent and despite receipt of acknowledgment, no action whatsoever was taken. Therefore, he is constrained to approach this Court by way of filing this writ petition. The matter was listed on 17.07.2020 and this Court directed the third respondent to file a status report and taking note of the same, the matter was taken up for hearing on 23.07.2020 and posted today (06.08.2020) for orders.

(3.) On behalf of the second respondent, the Revenue Divisional Officer, Devakottai, Sivaganga District has filed the status report and he would aver among other things that "Chettichi Urani" is situated in Survey No.133/2 and not in Survey No.103/B, as stated by the petitioner and the said land is classified as Temple in 1984 UDR settlement and it measures 1 Hectare and 87 Ares and it is also admitted that "Urani" is utilised by the public for bathing, washing clothes and not for irrigation. It is further averred that the Survey No.119/3 is a patta land belongs to Arulmigu Azhakiya Amman Kovil Tharkala Trust and Survey No.119/4 is classified as Government poramboke land and later on, Survey No.119/3 got sub-divided as 119/3A, 119/3B, 119/3C, 119/3D and 119/3E and though the channels running through the said Survey numbers were in dilapidated conditions, the pattadars did the desiltation of the channels running through their land during February 2018 and also removed the obstructions. Thus, it is the stand of the second respondent that there is no channel in Survey No.119 and no shutter has also been constructed in the said channel and there is no obstruction in respect of rain drain channel in Survey No.119/3A to 119/3E and the said Urani also now filled with water due to the recent down pour and that there is no encroachment either in the channel or in the Urani.