KOODAMMAL Vs. THE JUNIOR ENGINEER, PWD - WRO

JUDGEMENT

(1.) THIS Writ Petition is all about the obstruction for the removal of the encroachment on water bodies comprised in Survey Nos. 1203/1 and 2, Kamarajar Nagar, Palani Village, Dindigul District.

(2.) THERE is a chequered history behind this litigation. Indisputably, Vaiyapuri Tank and Sirunaickenkulam Tank in Palani Village are the irrigation tanks benefiting vast extent of ayacut lands. In the year 1992, an attempt was made by the local municipality to construct a bus stand for the use of the public in a portion of Vaiyapuri Tank. It was stoutly opposed by the farmers, who are the beneficiaries of the said tank. The action of the Municipality was challenged by filing a Writ Petition in W.P. No. 10172 of 1992. The main contention in the Writ Petition by the petitioner therein was that it was the main irrigation source for ayacutthars and therefore, the Municipality had no jurisdiction to establish a bus stand on the same. A learned Single Judge of this Court granted an interim order of injunction and thereafter, the proposal was kept in abeyance by the Municipality. Subsequently, a Peace Committee Meeting was convened, including the farmers, in which the farmers agreed that an extent of 5.25 acres of land could be utilized for the purpose of construction of bus stand, without detrimental to the irrigation rights of the ayacutthars.

(3.) AGGRIEVED over the said action of the Government in not evicting the encroachers and instead proposing to grant patta, thereby ligalizing their encroachments, the ayacutthars filed a Writ Petition in W.P.[MD].No. 3679 of 2008 before this Court. By order dated 21.04.2008, this Court issued a direction to the District Collector and the Public Works Department Authorities to pass appropriate orders. Even the said order was not complied with by the District Collector. Therefore, a Contempt Petition in Cont.P.[MD].No. 302 of 2009 was filed. While so, the welfare association of the encroachers filed Writ Petitions in W.P.(MD)Nos. 7440 of 2009 and 7552 of 2009. The said Contempt Petition was tagged along with these two Writ Petitions.