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In an encroachment matter of waterbodies in Tamil Nadu, Madras High Court observed on Wednesday that the executive is trying to indulge in the age-old ploy of blaming the court for effective action not being taken and directed the State to file its status report within a week about the actions being taken against the encroachers.

The Division Bench of Chief Justice Sanjib Banerjee and Justice P.D.Audikesavalu demanded that the court needs to be convinced that genuine steps are being taken to protect waterbodies and forests and whatever is left of the coastal regions and nature.

The court said that it needs to be done so that future generations find the State habitable and can survive here.

The State had informed the court in July, 2021 that action could not be taken against the encroachers during the period of lockdown, however, it was also pointed out by the court that the restrictions imposed under the lockdown had been eased.

Therefore, the court ordered the State for required appropriate action to be taken in accordance with law under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 upon due notice to the perceived encroachers.

However, Court noted that even after two months, instead of filing a status report, Government Pleader told the court there was a petition in 2010 in which encroachers were directed to be removed, and when 403 encroachers were discovered and State tried to remove them, they approached this court and obtained a stay.

Taking serious note of the excuse of the State, the court said that it appeared to be the age-old ploy of blaming the court for effective action not being taken.

Court said that when these natural habitats are encroached upon, other considerations overtake executive prudence and the executive turns a blind eye to rampant encroachment without making any serious endeavour to protect the waterbodies and forests etc.

Court said that the present case was no different.

“More often than not, the executive pays lip-service to removal of encroachment by not following the procedure established by law or by deliberately breaching the principles of natural justice which give a justifiable right to a person to come to court and obtain a stay,” Court added.

The court stressed that it is such stay, which at times is engineered by the State by its inaction or improper action, that is cited before the court once again to thwart the endeavour to protect waterbodies or forests.

Therefore, the court directed that the Chief Secretary will ensure that a status report is filed within the stipulated time. 

Case Title: Arappor Iyakkam Vs. The District Collector and 6 Others