(R3 is impleaded vide Court Order dated 25.04.2017 in W.M.P(MD).Nos.5609, 5565, 5608, 5566 of 2017) COMMON PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling the records relating to the proceedings of first respondent made in Na.Ka.A1/4220/2016, dated 18.08.2016 and the consequential proceedings of second respondent issued in Form III dated 26.10.2016 and quash the same.
[Order of the Court was made by G.R.SWAMINATHAN, J.] In these writ petitions, the proceedings of the first respondent in Na.Ka.A1/4220/2016, dated 18.08.2016 are under challenge.
2.It is seen from the records that the writ petitioners are in occupation of a kanmai comprised in Survey No.193/1, Vavirenthal Village, Thirupuvanam Taluk, Sivagangai District. The writ petitioners contended that they have been cultivating the encroached area for several years. Even though, the writ petitioners are engaged in agricultural activities, it is not possible to accede to the prayer made by the writ petitioners.
3.This Court has consistently held that encroachment of water bodies cannot be permitted. The respondents have rightly taken action for evicting the writ petitioners.
4.We, therefore, find no reason to interfere with the orders passed by the respondents. At this stage, the learned counsel for the petitioners submitted that the petitioners have planted crops and that sufficient time should be given for harvesting the same. We, therefore, direct the authorities to defer their actions to remove the encroachments till 31.12.2017. It is open to the petitioners / encroachers to complete their harvest and remove their articles. The authorities are directed to completely clear the encroachments in the Kanmai in Survey No.193/1, Vaivirenthal Village immediately thereafter.
5.These writ petitions are dismissed with the above observation. No costs. Consequently, the connected miscellaneous petitions are closed.
To:
1.The Tahsildar, Tirupuvanam Taluk, Sivagangai District.
2.The Assistant Executive Engineer, Public Works Department, Water Resources Wing, Irrigation No.1, Tirupuvanam, Sivagangai District.
3.The District Collector, Sivagangai District..