2022 (7) TMI 81 - HC - Indian Laws

Removal of encroachment made in the waterbody - service of notice - HELD THAT - Though notice is expected to be served on the respondents 5 to 7, considering the fact that the encroachment is spread over substantial portion of the waterbody at the instance of several individuals and the nature of the order going to be passed by this Court, no prior notice to the respondents 5 to 6 is required. This Court directs the fourth respondent to consider the representations of the petitioner dated 01.04.2022 and 30.05.2022 and initiate appropriate action under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and the Rules framed thereunder - Petition disposed off.

Summary

Issues:
1. Encroachment in a waterbody in Survey No.199 Vikiramangalam Kanmai
2. Petition for removal of encroachment
3. Consideration of representations dated 01.04.2022 and 30.05.2022
4. Appropriate action under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007
5. Directions for the fourth respondent to consider representations and initiate action
6. Timeline for passing final orders and removal of encroachments

Analysis:
The judgment addresses the issue of encroachment in a waterbody in Survey No.199 Vikiramangalam Kanmai, leading to a petition filed for its removal after representations were made on 01.04.2022 and 30.05.2022. The court, comprising of Mr. Justice S.S. Sundar and Mrs. Justice S. Srimathy, heard arguments from Mr. A.D. Ganeshamoorthi for the petitioner and Mr. J. Ashok, Additional Government Pleader, for the respondents 1 to 4.

The court acknowledged the encroachments within the waterbody and the substantial area affected, spanning over 102 hectares. It was highlighted that the respondents, particularly the fourth respondent, should consider the petitioner's representations and take necessary action as per the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, and related rules. The court emphasized the need for meticulous removal of encroachments to ensure public interest and availability of the tank to the public.

While refraining from expressing any opinion on the merits of the representations, the court directed the fourth respondent to review the representations dated 01.04.2022 and 30.05.2022 and to initiate appropriate action within four months. The court cited precedents, including guidelines from previous cases, for guidance on passing final orders. The judgment concluded by disposing of the writ petition with the outlined directions, emphasizing the importance of timely action and public interest without imposing any costs.

In summary, the judgment addresses the issue of encroachment in a waterbody, provides directions for considering representations and taking necessary action under relevant laws, and sets a timeline for the removal of encroachments to safeguard public interest.