nemalanchery land case W.P.No.40329 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.09.2021 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.40329 of 2016 Anbu Chezhian …Petitioner

W.P.No.40329 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.40329 of 2016

Anbu Chezhian …Petitioner

Vs

1.The State of Tamil Nadu,
Represented by its Secretary,
Public Works Department,
Fort St.George,
Chennai – 600 009.

2.The District Collector,
Thiruvallur District,
Thiruvallur.

3.The Executive Engineer,
Tamil Nadu Public Works Department,
Thiruvallur District,
Thiruvallur.

4.The Director of Tamil Nadu Panchayats,
Kuralagam,
Chennai – 600 108.

5.The Chairman,
Tamil Nadu Slum Clearance Board,
Kamaraj Salai, Chennai – 600 005. … Respondents

1/7
https://www.mhc.tn.gov.in/judis/
 W.P.No.40329 of 2016

PRAYER : Writ Petition filed Under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to consider
the representation of the petitioner dated 24.8.2016 by constructing Flood
Protection wall in Periya Eri, Thirunindravur and remove the Muds and
raise the height of the Eri to save the water from over flowing and further,
complete the flood protection wall as per the original scheme to secure the
ends of justice.

For Petitioner :Mr.R.Sankarasubbu

For Respondents : Mr.C.Kathiravan
Government Advocate
[For R1 to R4]

Mr.S.Prabhu
[For R5]

ORDER
The relief sought for in the present writ petition is to direct respondents

2. The writ petition is filed based on the apprehension by the petitioner EVP Estates and Properties Development Limited. It is contended by the petitioners that the Tamil Nadu Public Works Department officials were digging up a portion of the land to construct a Canal and the said https://www.mhc.tn.gov.in/judis/  W.P.No.40329 of 2016 property belongs to the petitioner.

The petitioner has stated that they sent representation to redress their grievances and to stop further digging up the property belongs to the petitioner. However, the respondents refused to accept the objections. Thus, the writ petitioner is constrained to move the present writ petition.

The counter filed by the respondents during November 2016 would reveal that the petitioner has suppressed the fact that there has been a water course in S.Nos.1,2 and 9 of Nemilicherry Village of Thiruvallur Taluk, which is owned by the petitioner herein to carry the water discharged from the sluice No.2 of the Tirunindravur tank through a channel classified as such in the revenue records and in S.Nos.10/3,11/2,27/3,29 and 37 of Nemilicherry Village of Tiruvallur District and enters into the limits of S.Noss.1,2 and 9 of the same village, which belongs to the petiitoner herein. It is a natural course available for the past several decades which has been used by the agriculturists depending on the Tirunindravur tank for irrigation as a customary right and privilege. In view of the heavy and torrential rain that battered the Tiruvallur, Kanchipuram and Chennai Districts in November and December 2015, there was flooding in Annai Indra Nagar Annex, EVP Town, Padmavathy Nagar and Devi Nagar in Nemilicherry https://www.mhc.tn.gov.in/judis/  W.P.No.40329 of 2016 Village, it is the duty of the respondent Department to desilt, widening and other sine qua non works in the water bodies to facilitate easy draining of any surplus water from the water sheds from the upland so as to avoid recurrence of such incidence in the event of heavy rain during the current North East Monsoon.

Hence, the natural water course available in the patta land of the petitioner for irrigating and draining the water collected in the upland was desilted and trimmed to facilitate easy draining of water of the tank, which caused inundation due to backing up in the months of November and December 2015. The respondents have further elaborated regarding the encroachment in certain locations in that area in Paragraphs 5, 7 and 8 as under:

The petitioner has filed a reply to the counter, defending the allegations stated in the counter affidavit by the respondents. The respondents filed a re-joinder, further explaining the fact that classification of land as mentioned by the petitioner in the revenue records. The flow chart of the channel course as stated in the counter as under:

………………..

It is further stated that the running of this course……. https://www.mhc.tn.gov.in/judis/  W.P.No.40329 of 2016 Perusal of the pleadings would reveal that the authorities have taken steps to ensure free flow of water through natural course. It is further identified by the authorities, some mistakes had already been committed in the revenue records. If any such mistakes are identified, all appropriate actions are to be taken to protect the water bodies and to ensure from flow of water through canal. The encroachers in water bodies are to be evicted by following the procedures as contemplated under the Act.

7. With these directions, the writ petition stands disposed of. No costs.

23.09.2021 Internet:Yes Index : Yes Speaking order:Yes kak To

1.The Secretary, Public Works Department, Fort St.George, Chennai – 600 009.

2.The District Collector, Thiruvallur District, https://www.mhc.tn.gov.in/judis/  W.P.No.40329 of 2016 Thiruvallur.

3.The Executive Engineer, Tamil Nadu Public Works Department, Thiruvallur District, Thiruvallur.

4.The Director of Tamil Nadu Panchayats, Kuralagam, Chennai – 600 108.

5.The Chairman, Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai – 600 005.

S.M.SUBRAMANIAM, J.

kak W.P.No.40329 of 2016 https://www.mhc.tn.gov.in/judis/  W.P.No.40329 of 2016 23.09.2021 https://www.mhc.tn.gov.in/judis/