LAKSHMI SELVAKANI Vs. ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) THE petitioners seek a Writ of Certiorari to quash the proceedings dated 30.12.2011 made by the first respondent. The petitioners stated that they are residing with their family in Door No.253/J-14 and in Door No.6/195-A, respectively. Their houses are situated in the vacant site belonging to the Government and have been paying the B Memo charges to the Revenue Department. Contesting the notice issued by the respondents - Public Works Department, alleging that the petitioners had encroached the portion of the bund in Ananthankulam Kalin Karai in Vadaseri Village, the petitioners stated that they had not encroached on the tank bund. Further, the land belonged to the Government. The proceedings are taken mala fide. The houses had been constructed with self-earned money. In these circumstances, notice issued is without jurisdiction and the same is liable to be quashed.

(2.) ON notice, the first respondent filed the counter affidavit before this Court. The Assistant Engineer, Public Works Department, Nagercoil, has stated that the land in question is under the control of the Public Works Department. The petitioners and others had encroached on the channel called "Ananthankulam Kal Channel" and in the revenue records, the said Channel is classified as "Arasu Porambokku Vaikkal". There are two channel bund roads through which, there are vehicular traffics. The place of residence alleged by the petitioners and others encroachers is in between the two channel bund roads. Since the channel caters to the need of thousands of agriculturists deriving water from Pechiparai Dam, the encroachers have to be necessarily removed to protect the bund and the Vaikkal water resources. Based on the report on encroachment, with sketch showing the channel bund, steps are thus rightly taken to issue Form-II notice to all the encroachers. It is stated that there are at least 160 encroachers as on the date of filing of the counter affidavit before this Court and 136 encroachers had already been removed.

(3.) IN respect of the said contentions taken in the writ petitions, the respondents have produced before this Court the sketch showing encroachments as well as the total number of encroachers and the details on those who had already vacated the premises.