Contempt Petition No. 1604 of 2021 Petitioner Respondent I.H.SEKAR MANAGING TRUSTEE OF THE NATURE TRUST, NO.20, DR.NANJUNDA RAO ROAD, INJAMBAKKAM,CHENNAI – 600 115 ATULYA MISRA, IAS THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMILNADU, REVENUE DEPARTMENT, FORT ST.GEORGE, SECRETARIAT, CHENANI – 600 009 R.SEETHALAK

Contempt Petition No. 1604 of 2021

Petitioner Respondent

I.H.SEKAR
MANAGING TRUSTEE OF THE NATURE
TRUST, NO.20, DR.NANJUNDA RAO
ROAD, INJAMBAKKAM,CHENNAI – 600
115

ATULYA MISRA, IAS
THE PRINCIPAL SECRETARY TO
GOVERNMENT OF TAMILNADU,
REVENUE DEPARTMENT, FORT
ST.GEORGE, SECRETARIAT, CHENANI –
600 009
R.SEETHALAKSHMI,I.A.S.,
THE DISTRICT COLELCTOR, CHENNAI
DISTRICT, COLLECTORATE, CHENNAI –
600 001
K.MANIVASAN,I.A.S.,
THE PRINCIPAL SECRETARY TO
GOVERNMENT OF TAMIL NADU,
PUBLIC WORKS DEPARTMENT, FORT
ST.GEORGE, SECRETARIAT, CHENNAI –
600 009
DARMENDRA PRATAP YADAV, I.A.
S.,, THE PRINCIPAL SECRETARY TO
GOVERNMENT OF TAMILNADU,
TRANSPORT DEPARTMENT, FORT
ST.GEORGE, SECRETARIAT, CHENNAI –
600 009
K.SHANMUGAM,I.A.S.,
THE CHIEF SECRETARY,
GOVERNMENT OF TAMILNADU, EX-
OFFICIO CHAIRMAN, STATE DISASTER
MANAGEMENT AUTHORITY AND THE
CHAIRMAN, TAMIL NADU STATE
WETLA
ARAVIND KUMAR AGARWAL
THE DIRECTOR, WETLANDS DIVISION,
MINISTRY OF ENVIRONEMNT AND
FORESTS, INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI
– 110 003
VIKRAM KAPUR,IAS.,
THE PRINCIPAL SECRETARY TO
GOVERNMENT OF TAMILNADU,
TOURISM,CULTURE AND RELIGIOUS
ENDOWMENTS DEPARTMENT, FORT
ST.GEORGE, SECRETARIAT, CHENNAI –
PANKAJ KUMAR BANSAI,I.A.S.,
THE COMMISSIONER OF LAND

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ADMINISTRATION, LAND
ADMINISTRATION DEPARTMENT,
EZHILAGAM, CHEPAUK, CHENNAI – 600
005

Petitioner Counsel Respondent Counsel

M/S. V.B.R.MENON
MEMO FILED BY COUNSEL FOR PETI

COUNTER AFFIDAVIT FILED ON 19/
AFFIDAVIT FILED ON 11/12/2021
AFFIDAVIT OF SERVICE FILED ON
AFFIDAVIT FILED ON 19/01/2022
MEMO OF APPEARANCE FILED ON 20
REPLY AFFIDAVIT FILED ON V.B.R

Prayer
TO PUNISH THE RESPONDENT FOR THEIR WILFUL DISOBEDIENCE OF THE FINAL
ORDER AND JUDGEMENT DATED 29.04.2019 IN WP NO.10821 OF 2017.
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
When the matter is taken up, the Principal Secretary to Government of
Tamil Nadu, Tourism, Culture and Religious Endowments Department/6 th
respondent, the Principal Secretary to Government of Tamil Nadu, Public
Works Department/4 th respondent, the District Revenue Officer, Chennai,
the Revenue Secretary and the Chairman, Tamil Nadu State Wetland
Authority, Environment and Forest Department/7 th respondent are present
before this Court through videoconferencing and the Member Secretary,
Tamil Nadu State Wetland Authority, Environment and Forest Department
is present before this Court in person.
2. A status report dated 12.09.2023 has been filed by the Member
Secretary, Tamil Nadu State Wetland Authority, Environment and Forest

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Department wherein it has been categorically mentioned that the
Government has accorded sanction for Rs.5 crores through Tamil Nadu
Pollution Control Board towards of eviction of 1087 families from
Pallikaranai Marsh Land and their rehabilitation to alternate tenements
provided by Tamil Nadu Urban Development Board under suitable scheme
and that the Tamil Nadu Urban and Housing Development Board has issued
allotment orders for 149 households so far. It is further stated by the
Member Secretary, Tamil Nadu State Wetland Authority, Environment and
Forest Department that this is not the final report and that a comprehensive
report based on further information to be collected will be filed in due
course and that they have come into the picture only two months ago. The
relevant paragraph is extracted hereunder:
“8. The answering respondent humbly submits that under
the Tamil Nadu Wetlands Mission drone-based LIDAR and
RGB study of the inner land use pattern was conducted by
the Tamil Nadu Aerial Unmanned Vehicle Corporation
under the Tamil Nadu Wetlands Mission during the month
April, 2023. The said study was carried outto have a
baseline study on the existing land use changes within the
Pallikaranai Marshland for its future monitoring of the

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ecological, hydrological parameters as well as status of
encroachments for long term conservation and
management of Pallikaranai Marsh Land. Further, the
bathymetric study of the Pallikaranai Marsh Land is
proposed to be conducted with the help of Tamil Nadu
Aerial Unmanned Vehicles Corporation for the monitoring
of edaphic factors including Soil Carbon, Soil Methane and
Soil Nitrous Oxide for establishing the role of Pallikaranai
Marshland in the climate change mitigation. (A copy of the
aforesaid draft report is placed as Annexure/A-2). It is
humbly submitted that, Tamil Nadu State Wetland Authority
is taking necessary steps to preserve wetlands throughout
the State of Tamil Nadu. …”
3. It is really a sad state of affairs that in the State of Tamil Nadu, instead of
buying a land, any person can encroach upon a land and the Government is
willing to give an alternative site. If this is going to be allowed, then the tax
payers' money would be wasted. The Government is not expected to given
an alternative site to any encroacher much less the persons, who have
encroached upon the water body. If an alternative site is given to the
encroacher, who has encroached upon the water body, it would amount to
perpetrating illegality by the Government. According to us, any person, who
is an encroacher, more so, on a water body, is a traitor of the Nation. We

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make it very clear that if the encroachments on water body are not removed,
more particularly, based on the present report, this Court will be constrained
to pass appropriate orders including following the dictum of this Court dated
29.04.2019 in W.P. No. 13648 of 2016, i.e,ushering in the military force to
remove the encroachments.

4. Since waterbodies are essential for survival of not only human beings, but
also various other creatures, we expect the Member Secretary, Tamil Nadu
State Wetland Authority, Environment and Forest Department, who is
present before this Court and Mr.V.B.R. Menon, learned counsel for the
petitioner to sit across the table and find out the modalities for restoring the
water body in question so that the future generation will not suffer from
scarcity of water.
5. At the request of Mr.J. Ravindran, learned Additional Advocate General
for respondents, post on 20.09.2023.
6. The further appearance of official respondents, who are present before
this Court, is dispensed with for the present.

(S.V.N.J.) (K.R.S.J.)
nv 12.09.2023