CHENNAI: The police can use reasonable force to evict encroachers on water bodies, a division bench of the Madras High Court has ruled. A bench of Justices Huluvadi G Ramesh and RMT Teekaa Raman, which gave the ruling, also directed the appearance of 13 Collectors, who had not filed reports with regard to removal of encroachments on water bodies, before the court on October 12.
The 13 Collectors summoned are from Dharmapuri, Kanniyakumari, Nagapattinam, Thanjavur, The Nilgiris, Tirunelveli, Tiruvarur, Villupuram, Karur, Namakkal, Perambalur, Pudukottai and Thoothukudi.
Originally, while passing further interim orders on a PIL from Iyarkai Valam Matrum Perumballa Odai Padukappu Nala Sangam of Erode District, by its president K Shanmugasundaram, the bench on September 1 last had pulled-up the 13 Collectors for not taking any action to remove the encroachments on waterbodies and submit a report and directed them to appear before it, with necessary records, on September 21.
When the matter came up today, Revenue secretary Chandra Mohan appeared before the bench and submitted that the 13 Collectors could not make their presence in the court due to some unavoidable circumstances. In matters of public interest and importance, the district administrators should take prompt action, the bench said and directed the Secretary to ensure their presence at least on October 12 with necessary records relating to removal of the encroachments and the status thereof. It also held that no subordinate court in the 13 districts should entertain any petition on the encroachments. If any is filed or pending, they should be transferred to the present bench, it added.
The PIL contended that the encroachments made on water bodies, which obstructed free flow of rain water, created floods and also badly affected the livelihood of agriculturalists, who were solely dependent on such water resources. The Supreme Court and the High Court had time and again clearly held that the State has to take definite measures to restore the tanks, ponds and lakes, as disclosed in the revenue records, to their original status by taking all possible steps. As on April 12, 2010, the High Court had directed the Erode Tahsildar to remove the obstructions in Perumballa Odai. But, he had not taken any action, petitioner further contended.
Entertain no pleas
The bench also held that no subordinate court in the 13 districts should entertain any petition on the encroachments.