C KUMAR Vs. DISTRICT COLLECTOR, SALEM DISTRICT

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents. By consent of the learned counsel appearing for the parties, the main Writ Petitions themselves are taken up for final disposal.

(2.) According to the petitioners, they have been residing at Boominayakanpatti for more than 90 years. Originally, the lands were assigned to the petitioners by the land owner and then the land owner had constructed a lake which was, after some time, belatedly taken by the Government for public purpose and it is called as Boominayakanpatti Lake. The grandfather of the petitioners is having three sons, namely Chinnapaiyan, Mniyan and Sadaiyan and their children and legal heirs are residing there. The stand of the petitioners is that they belong to very poor family and they have put up thatched houses on the bank of the lake, which is far away from the water catchment area and Survey No.176/2, spread over 1.07 acres. Both the water sources have become cultivable land and also became the residential place and that the electricity connection and water connection were obtained.

(3.) The version of the petitioners is that the land owners had injected the Block Development Officer, Omalur Panchayat Union and issued the impugned notices as if they had occupied the water course. Immediately, W.P.Nos.30630 to 30634 of 2014 were filed by the petitioners and order was obtained on 28.11.2014 and thereafter, nothing had happened. Now, at the instance of private person who instigated the second respondent, the notices were issued and that happened to be the reason for the cause of action.