K. PALANIVEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) A. The Petition:

(2.) Chandrasekharapuram Village and Anaipalayam are two adjacent villages in Rasipuram Taluk, located nearby Rasipuram Town. Chandrasekarapuram village has got 8000 residents, while Anaipalayam Village has 800 residents. In Anaipalayam Village, there is a lake spread over 126 acres. While Anaipalayam Village was a Ryotwari Village, Chandrasekarapuram Village was a Mitta, when the Tamil Nadu Estates (Abolition And Conversion into Ryotwari) Act, 1948 came into force. While so, after the introduction of the said Act, in respect of certain lands of total area claimed to be about 500 acres in Chandrasekarapuram Village, Ryotwari Patta was refused by the authorities on the ground that these lands were liable for submersion.

(3.) Mr.J.Srinivasan Mohan, the learned Counsel for the petitioner taking this Court through the rough sketch filed along with the typed set of papers and to the photographs, would submit that this was not an adversarial litigation but is a plea for the lives and livelihood of people. He would submit that the water level has to be necessarily brought down even to bring the drinking water borewells constructed by the Panchayat into operation. This apart while the water stored in the lake will be useful for cultivation of land only about 100 acres of ayacut land, and cultivation in about 500 acres of land is put to jeopardy, on account of the excess storage of water. If the water level is brought down by opening the sluice gates for about 3 feet, it would benefit cultivation of these 500 acres and also the residents can properly use their houses. The roads which are laid by the Government also lay submerged. Therefore, he would pray that this Court should take into account the overall and wholesome picture into consideration and without insisting on the technicalities for challenging the ultimate order of the Revenue Divisional Officer passed under Sec. 145 of the Code of Criminal Procedure Code, by way of revision proceedings, should consider the case of the petitioner on merits and order for opening of the sluice gates up to the appropriate level.