Thirupure case AFFIDAVIT OF S.KARTHIKEYAN
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2021
1. S.Karthikeyan, M/A.56 years,
S/o. Seenivasan,
2/40-B, North Street,
Karadibavi Post,
Palladam Taluk,
Tiruppur District-641658.
2. K.Sarnitha, F/A.20 years,
D/o. S.Karthikeyan,
2/40-B, North Street,
Karadibavi Post,
Palladam Taluk,
Tiruppur District-641658. … Petitioners
-Vs-
1. The District Collector,
Tiruppur District,
Tiruppur-641 601.
2. The Deputy Director of Agriculture,
Collectorate Complex,
Tiruppur-641 601.
3. The Revenue Divisional Officer,
Collectorate Complex,
Tiruppur-641 601.
4. The Block Development Officer,
Office of the Palladam Village Panchayat Union,
Palladam-641 664, Tiruppur District.
5. The Tahsildar,
Office of the Tahsildar,
Palladam-641664,
Tiruppur District.
6. The Panchayat President,
Office of the Village Panchayat,
Karadivavi-641658,
Tiruppur District.
7. Mrs.P.Rajamani,
Secretary,
Office of the Village Panchayat,
Karadivavi-641658,
Tiruppur District.
8. The Assistant Engineer,
Tamil Nadu Electricity Board,
Karadivavi-641658,
Tiruppur District. … Respondents
AFFIDAVIT OF S.KARTHIKEYAN
I, S.Karthikeyan, son of Seenivasan, Hindu, aged about 56 years, residing at 2/40-B, North Street, Karadibavi Post, Palladam Taluk, Tiruppur District-641658, do hereby solemnly affirm and sincerely state as follows:
1. I am the 1st Petitioner herein and father of the 2nd Petitioner as such I am well acquainted with the facts and circumstances of the case. I am filing this affidavit for myself and for my daughter, who is the 2nd Petitioner herein.
2. I humbly submit that we are the residents of the Karadibavi Village since our birth. We own 9 Acres of land in S.F.No.61/2 in Karadibavi Village, Palladam Taluk, Tiruppur District. This is our ancestral property. In our agricultural land for more than 40 years we have been raising Cotton, Maize, Corn, Cassava, Ragi, Coriander and vegetables. This land is adjoining the Village Pond namely ‘Chinnakuttai’ consisting of 6 Acres of land in S.F.No.68/2 in Karadibavi Village. Being the first land immediately adjoining the village pond, we are bonafide Ayakkattudhars dependent on the village pond for our irrigation needs. There are two wells in our land and these two wells are dependent on the ‘Chinnakuttai’ for ground water augmentation.
3. I humbly submit that the ‘Chinakuttai’ pond measuring about 6 Acres is situated in the centre of the village and filled by rain water flowing from all directions from the village. Even if the ‘Chinnakuttai’ is filled with water to its fullest capacity one season, there will be no scarcity of water in the village for 2 to 3 years. The ‘Chinnakuttai’ used to be the main source of water for agricultural wells and bore wells and for protecting irrigation.
4. I humbly submit that about 10 years back some persons built houses each on 1 cent of land abutting the water body and by encroaching 100 Sq. feet inside the ‘Chinnakuttai’ pond and were issued “B” Memo for illegal occupation and started to reside there. Thereafter other persons built houses inside the ‘Chinnakuttai’ pond itself. Slowly these encroachers competed among themselves and built houses to the extent of 5 Cents to 10 Cents each and they rented these houses to outsiders. Slowly these encroachers built cattle and poultry sheds and even power loom units illegally inside the ‘Chinnakuttai’ pond. Rich people from the Village have encroached and built houses and power loom weaving unit buildings and have rented the same to outsiders. Because of this the rain fed ‘Chinnakuttai’ water inlets are totally blocked as the constructions have raised the altitude of the pond’s base as such blocking the flow of rain water.
5. I humbly submit that in spite of continuous representations for more than 10 years by the Petitioners as well as other villagers, these encroachments which were few intially had increased to completely throttle the entire ‘Chinnakuttai’.
6. I humbly submit that almost all the encroachers who are about 39 in number even as per the sketch prepared by the Taluk Surveyor dated 09.04.2018, are rich and wealthy people who have land and own house in the village.
7. I humbly submit that with the active connivance and support of the Village Panchayat and the revenue officials there are large number of illegal encroachments in the water body. There are many houses and weaving units and cattle and poultry sheds. Many of these encroachments are made by benamis of powerful people with political clout. Villagers have been knocking the District administration for many years.
8. I humbly submit that the 7th Respondent/Mrs.P.Rajamani, who is a native of the same Karadibavi village is working as Village Panchayat Secretary for more than 25 years in the 6th Respondent Village Panchayat. Even while working as a public servant, she has built a house by encroaching in the ‘Chinnakuttai’ Village Pond and she has expanded her house by demolishing the Panchayat public bore well used by the village public and blocking the water inlets to the pond. To perfect her encroachment as well as that of 39 other encroachers, she had issued house tax receipts and tried to give a colour of long pending possession of public land by the illegal encroachers.
9. I humbly submit that the act of the negligence, omission, active collusion, connivance and malicious conduct of the 7th Respondent and the inaction of the higher officials right from the District Collector to the Block Development Officer in spite of repeated and continuous representations and complaints given by the Ayakkattudharars like the Petitioners; had emboldened the illegal encroachers who enjoy political, money and muscle clouts to flout all laws with no impunity. The officials have also actively instigated the illegal encroachers to file name sake civil suits to perfect illegal occupation of public village water body.
10. I humbly submit that the 8th Respondent/ Electricity Board, had given electricity connection to all these encroachments in the ‘Chinnakuttai’. When sought information under Right to Information Act, the 8th Respondent had given reply that no connection had been given in the pond.
11. I humbly submit that I am not able to irrigate our land for the past 10 years. As a Ayakkattudharars it is our fundamental right under Article 21 of the Constitution of India to get water for irrigation from the ‘Chinnakuttai’ Village Pond.
12. I humbly submit that it is the duty of the officers of the State to ensure the paramount need of providing water and irrigation to the farmers like the Petitioners. It is the duty of the officers of the State to protect agricultural activities as the same is the backbone of our Indian Economy.
13. I humbly submit that it is the modus operandi of the real estate mafia throughout the State to slowly encroach upon public land and water bodies. Thereafter with the active collusion of the grass root officials like the Village Panchayat Secretary, Village Administrative Officer, Panchayat President, Block Development Officers and even up to the level of the office of the District Collectors to get self generated house tax receipts, water tax receipts, electricity bills, etc., with ulterior motive of perfecting illegal encroachments. This tentacle also includes Government Pleaders practicing before the Civil Courts who will let the collusive civil suits to be decreed exparte without even filing counter in many cases.
14. I humbly submit that there is a massive industry of encroachers who have perfected the art of initially encroaching the public water body then generate documents to create a colour of long possession, thereafter if at all there is any serious exposure by some whistleblower file civil suits in Lower Courts for mandatory injunctions which would be left uncontested by the Government machinery at the behest of the political, money and muscle clout.
15. I humbly submit that in the worst come worst scenario if someone approaches this Hon’ble High Court and this Hon’ble Court passes orders and directions to remove the encroachment in water bodies by following due process, the due process will grind to a halt, as revenue officials will often issue defective notices for reasons known to themselves, which would be contested by approaching this very same Hon’ble High Court by preferring writ petitions against defective notices issued by the revenue officials. Somehow or other the encroachment will continue and truth will not see the light for long grueling years and decades.
16. I humbly submit that in the meantime while the cycle of legal challenge will be revolving around itself, the whistleblowers will be either bought over or threatened and silenced. In my case also after giving these complaints and grievances on 04.04.2018 while myself and my daughter went for treatment to C.M.C. Hospital in Vellore, a gang of persons headed by P.Gandhirajan, brother of the 7th Respondent came to our house and threatened my wife that they will behead me. My wife informed us over the phone and was shivering from fear. I asked her to lock the house from inside and not to come out till we came back. As the said P.Gandhirajan is a member of a political party, the Sub Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District, simply issued a CSR Receipt No.23/2018 on 05.04.2018 merely as a case of wordy quarrel and did not investigate the matter at all. Petitioner and his family are living under constant fear of being attacked and injured. It is a dilemma as to either to cow down and cringe to antisocial elements or to fight for petitioners only means to livelihood.
17. I humbly submit that for the past 10 years we have not been able to raise any crops and do farming in our 9 acres of land in spite of having two agricultural wells, as for the past 10 years water is not allowed to fill up in the said ‘Chinnakuttai’ pond. If only we were able to irrigate the field we would have made at least a nominal earning of at least Rs.25,000/- per acre. That is we would have earned at least Rs.2,25,000/- per year. For the past 10 years, we have lost an income of Rs.22,50,000/-. As our agricultural land have been rendered unfit for cultivation due to the negligent and malicious acts and omissions of the public officials of the State, the State is liable to pay us an amount of Rs.22,50,000/- as compensation for the loss of revenue to us as the vicarious liability of the State for the tortious act of its servants.
18. I humbly submit that the Respondents are also liable to pay us a compensation of Rs.2,25,000/- for every year of income that we will loose till all the encroachments in the ‘Chinnakuttai’ Pond are removed and the water inflow into the ‘Chinnakuttai’ Pond is restored to its original position.
19. I humbly submit that for the reasons stated in the Paragraphs above it is submitted that in spite of so many of representations even as the last one as on 03.06.2021, the Respondents have not only acted upon the same but will never act upon the same unless and until this Hon’ble Court forcefully intervenes.
20. As such the Petitioners are left with no other alternative, speedy, efficacious remedy except to invoke the Special Original Jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India.
21. For the sake of brevity, the Petitioners have not described in detail the various representations, the soil report, test report, report of Village Administrative Officer and Revenue Officials, reply received under Right to Information Act and other particulars which are annexed as Documents in the typed set of papers filed in support of this writ petition. The Petitioners crave leave of this Hon’ble Court to rely upon those documents during the course of arguments.
22. The Petitioners have not approached any other Courts or Tribunals, including this Hon’ble Court over the self same cause of action.
23. The 1st Petitioner has settled the property in the name of his only daughter the 2nd Petitioner and he carries out the agricultural activities for the income of the family, both the Petitioners are filing the above writ petition jointly to protect their interest.
It is therefore prayed that this Hon’ble Court may be pleased to permit the Petitioners to file a single writ petition and thus render justice.
It is therefore prayed that this Hon’ble Court may be pleased to pass an order of INTERIM DIRECTION directing the Respondents 1 to 6 to initiate appropriate Departmental Enquiry as well as criminal proceedings against the 7th Respondent for her misuse of the office, as she is working as Village Panchayat Secretary for more than 25 years of 6th Respondent/ Karadibavi Village Panchayat, for her illegal act of having abated the encroachment of village water body, and also herself having encroached upon the water body by building a house in a poromboke land and extending the same inside the ‘Chinnakuttai’ Village Pond in S.F.No.68/2 in Karadibavi Village, Palladam Taluk, Tiruppur District by closing the village bore well used by public and blocking water inlets to the pond and also having actively connived and assisted the illegal encroachers by issuing house tax receipts on behalf of the 6th Respondent Village Panchayat, to give a colour of long pending possession of the public water body ‘Chinnakuttai’ and also not disclosing or reporting these illegal encroachments to higher officials; by transferring her from the 6th Respondent/Karadibavi Village Panchayat in Palladam Taluk, Tiruppur District, to a non-sensitive post till the departmental enquiry is completed, and to submit the outcome of the Departmental Enquiry to this Hon’ble Court, pending disposal of the main writ petition and thus render justice.
It is therefore prayed that this Hon’ble Court may be pleased to pass an order of INTERIM DIRECTION directing the Respondents 1 to 6 to provide water by any means if necessary even by tanker lorries to the Petitioners agricultural lands in S.F.No.61/2, in the Karadibavi Village, in Palladam Taluk, Tiruppur District, to raise crops in the forthcoming cropping season, as only due to the active collusion and negligence of the public officers of the State, the Petitioners are deprived of water from the adjacent ‘Chinnakuttai’ in S.F.No.68/2 in the Karadibavi Village, in Palladam Taluk, Tiruppur District and there is no augmentation of underground water in the Petitioners agricultural wells pending disposal of the main writ petition and thus render justice.
Therefore it is prayed that this Hon’ble Court may be pleased to issue an order or direction more particularly in the nature of WRIT OF MANDAMUS directing the Respondents 1 to 6 to remove all the illegal encroachments in the rain fed water tank namely ‘Chinnakuttai’ in S.F.No.68/2 situated in the centre of the Karadibavi Village, in Palladam Taluk, Tiruppur District made by the residents of the Karadibavi Village who have property and houses in the same village, both inside the water body as well as by blocking the water inlets feeding the water body, as these encroachments in the village water body includes houses, buildings, power loom weaving units, cattle and poultry sheds, which have been in many cases rented out to third parties, one of the encroachers being the 7th Respondent/Village Panchayat Secretary herself, thereby denying the valuable right to irrigation of the Petitioners as Ayakkattudharars of the ‘Chinnakuttai’ for more than 10 years as there is no water storage in the ‘Chinnakuttai’ Pond and also as there is no ground water augmentation in the adjacent Petitioners’ land and agricultural wells and consequently direct the Respondents to pay a compensation of Rs.22,50,000/- for the loss of livelihood on account of the inability of Petitioners to raise crops in their land due to the unavailability of water, and also to pay an amount of Rs.2,25,000/- for every year of income lost hereinafter to the Petitioners till all the encroachments in the above said ‘Chinnakuttai’ Pond are removed and the water inflow into the ‘Chinnakuttai’ Pond is restored to its original position, based on the representation of the Petitioners dated 03.06.2021 and pass such further or other orders as this Hon’ble Court may deem fit and proper in the above facts and circumstances and thus render justice.
Solemnly affirmed the contents
at Palladam, on this 21st day of
June, 2021 and signed his BEFORE ME
name in my presence after the
contents were read over and
explained to the deponent in Tamil.
ADVOCATE, PALLADAM
