WP/7344/2025 of D.JOTHI MURUGAN Vs THE DISTRICT COLLECTOR on 5 October 2026

ORDER

This Writ Petition has been filed for the following reliefs: “directing the respondent 1 to 5 to dispose the petitioners representation dated Nil and referred in the reference to the letter dated 1.10.2021 in Na.Ka.25531/2021/A1 issued by the 1st respondent.”

2. It is the case of the petitioner that he is the owner of the agricultural lands comprised in Survey Nos.1191/3, 1191/6, 1192/1, 1192/3 and 1192/4 at Kandikattuvalasu Village, Modakurichi Taluk, Erode District. In Survey No.1192/4, there is an old house constructed by the petitioner’s grandfather, which is in existence, and the petitioner has also constructed a new RCC roof house in Survey No.1191/3.

3. The petitioner would submit that he has been carrying on agricultural activities for the last several years and that the lands have been benefited by the Lower Bhavani Project Irrigation Scheme from the year 1953 onwards.

4. It is his contention that, for over 68 years, the lands have been irrigated through the Coppu Vaikkal, which does not fall within the land acquired by the PWD and passes through the petitioner’s patta land. The said Vaikkal passes through Survey No.1191/6, which is the petitioner’s patta land, and the said land has not been acquired. The land comprised in Survey No.1192/2 was acquired and sanctioned in favour of the PWD, in which the Vaikkal was originally proposed to be laid so as to carry water to the petitioner’s lands and the lands of others.

5. The petitioner would submit that, since the water could not be taken through the land which had been acquired for the Vaikkal, as the same is situated at a higher altitude, it was requested that the water be allowed to flow through the existing Vaikkal in the petitioner’s land in Survey No.1191/6 and, in exchange, the land in Survey No.1191/2 be permitted to be used by the petitioner.

6. While so, the 2nd respondent had issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 06.11.2023 calling upon the petitioner to show cause why certain encroachment in S.No.1191/2 shall not be removed. This was followed by a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, on 03.01.2024 for removal of encroachment. According to the petitioner, the said proceedings have been initiated without considering his case in its proper perspective.

7. The petitioner would submit that the 6th respondent, who is the adjacent land owner, had filed W.P.No.11705 of 2016 seeking permission to lay a pipeline in the PWD lands for agricultural purposes. This Court, by order dated 07.01.2020, directed the Executive Engineer, Water Resources Organisation, Lower Bhavani Basin Division, Erode, to dispose of the representation of the petitioner therein dated 26.09.2013 seeking permission to lay a pipeline in the PWD lands. Pursuant to the said order, the official respondents, after conducting a survey, removed a portion of the petitioner’s house comprised in S.No.1192/2. Aggrieved by the same, the petitioner preferred an appeal under Section 10 of the Tamil Nadu Land Encroachment Act. In the said appeal, the 2nd respondent passed an order dated 14.11.2024, stating that the request for re-alignment could not be considered and that the scope of the appeal was confined to the question of encroachment, and that the prayer for re-alignment was beyond the scope of the appeal.

8. The petitioner would submit that, even prior to the aforesaid proceedings, he had submitted a representation seeking re-alignment of the canal by cancelling the acquisition of the land comprised in Survey No.1192/2 and, instead, to take over the canal presently running through the petitioner’s land and re-align the same. The said representation was forwarded by the 1st respondent, vide letter dated 01.10.2021, to respondents 2 and 5 for taking further action. However, no action has been taken on the said representation till date. Hence, the petitioner is before this Court seeking the relief stated supra.

9. A counter affidavit has been filed by the respondents wherein it has been stated as follows:- “The 6th respondent is free to lay pipelines. If the petitioner wants to carry out land transfer, he has to submit necessary revenue documents pertaining to his lands to the revenue department. After receiving the required documents, if the request of the petitioner is feasible as per law, then the revenue department would request for a technical opinion from WRD for the land transfer proposal of the petitioner. After obtaining the technical feasibility report from WRD then the Petitioner’s request would be carried out by the revenue department with all the village revenue documents. Till then the land in SF.No.1192/2 belong to WRD and the 6th respondent can lay pipelines as permitted by the department.”

10. Heard the learned counsel on either side and perused the records.

11. It is seen that, pursuant to the counter affidavit filed by the respondents, the petitioner had also submitted the requisite documents under cover of his letter dated 17.05.2025, which was received by the 1st respondent on 23.05.2025.

12. Therefore, in the light of the above and considering the limited request of the petitioner, this Writ Petition is disposed of with a direction to respondents 1 to 5 to dispose of the petitioner’s representation dated Nil, referred to in the reference to the letter dated 01.10.2021 in Na.Ka.No.25531/2021/A1 issued by the 1st respondent, after affording an opportunity of hearing to the petitioner as well as the 6th respondent, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

P.T.ASHA J. SHR To

1. The District Collector, District collectorate campus, Erode District-638011

2. The Executive Engineer, Water Resource Organization Lower Bhavani Basin Division Erode-2

3. The Assistant Executive Engineer Water Resource Organization, Lower Bhavani Basin Division, Erode-2.

4. The Assistant Engineer Water Resource Organization, Lower Bhavani Basin Division, Arachalur, Erode District -638101

5. Tahsildar Modakurichi Taluk, Erode District-638 104

AND WMP NO. 8188 OF 2025 05-10-2026