W.P.No.19033 of 2018 W.P.No.19033 of 2018 N.KIRUBAKARAN, J. and T.V.THAMILSELVI, J. [Order of the Court was made by N.KIRUBAKARAN, J.,] Even though the Sixth Respondent has alleged that the Fourth Respondent has encroached upon the water channel and cultivated paddy, it is reported that not only the Fourth Respondent, but many others have encroached upon. However, the other encroachers except the Fourth Respondent are ready to handover the encroached portion.

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W.P.No.19033 of 2018
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI, J.
[Order of the Court was made by N.KIRUBAKARAN, J.,]
Even though the Sixth Respondent has alleged that the Fourth Respondent
has encroached upon the water channel and cultivated paddy, it is reported that not
only the Fourth Respondent, but many others have encroached upon. However, the
other encroachers except the Fourth Respondent are ready to handover the
encroached portion.
2. Taking into consideration of the standing crops which would be about
ready for harvest in three to four weeks, this Court adjourns the matter to
02.06.2021 so that in the meanwhile, the other encroachers could harvest and
thereafter they shall surrender the encroached portion and the authorities shall take
over the possession.
3. It is not only in the Petitioner’s village but also throughout the State,
choking and shrinking of water channels due to encroachment is taking place
throughout the State. Therefore, this Court suo motu impleads, “The Government
of Tamil Nadu, Represented by its Secretary, Public Works Department,
Secretariat, Fort St. George, Chennai – 600 009, The Government of Tamil Nadu,
Represented by its Secretary, Municipal Administration and Water Supply
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Department, Secretariat, Fort St. George, Chennai – 600 009 and The Director,
Rural Development and Panchayat Raj Department, Panagal Maaligai, 4
th and 5
th
Floor, Abdul Razzack Street, Saidapet, Chennai – 600 015”.
4. Mr. M.Elumalai, Learned Additional Government Pleader takes notice on
behalf of the newly impleaded Respondents.
5. In view of the shrinking of water channels, cultivation cannot be made
effectively by the agriculturists and many water channels have been completely
blocked by encroachments by the neighbouring land owners. Therefore, water
channels have to be restored. Hence, in this regard, a Committee has to be formed
by the newly impleaded Respondents at every Panchayat Union level so that the
said Committee shall inspect the water channels and restore the same as per the
revenue records following the due process of law. In this regard, the newly
impleaded Respondents shall give their response on the next hearing.
Call the matter on 02.06.2021.
[N.K.K.,J.] [T.V.T.S.,J.]
09.04.2021
ay
Note: Registry is directed to carry out necessary
amendments in the cause-title.
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