Water exploitation: DRO summoned

A division bench comprising Justice S Manikumar and Justice Subramonium Prasad on July 12 had directed the said officials to cause inspection in Pidarithangal Village, wherein five persons were indulging in illegal extraction of water in the alleged business place of theirs.

The bench then had also directed the said authorities to act, seize the electrical motor and apparatus used for extraction of water and vehicles used for transportation and distribution of water.

But when the matter was taken up for hearing on Wednesday, the bench besides summoning the officials also directed the District Collector to explain as to why action has not been taken against the DRO and Poonamalleee Taluk Tahsildar for not implementing their directions.

Further, observing that in cases where vehicles are seized and fine amount paid, the next stage of confiscation should be initiated, the bench said, “We come across cases, where vehicles seized are released on payment of fine. Once the offender has paid the fine, it implies that commission of offence is admitted. According to us, when offence is admitted by payment of fine, the vehicles and the apparatus used should be confiscated, after following due process of law, as provided in Section 12-A of the Chennai Metropolitan Area Ground water (Regulation) Act.”

The summons to the authorities was based on the submission made by the petitioner’s counsel that no inspection of the site as directed by the bench has been done and the instructions issued have not been implemented. Moreover, the counsel also submitted photographs to establish that the tapping of ground water illegally is continuing in the said place.

The bench also directed the Tiruvallur Collector to take note of the statutory provision viz Section 102 of Criminal Procedure Code read with Section 268 and 269 of IPC while acting against erring lorry owners.