Illegal water tapping: Seizure first, not inquiry, says HC

The observation from the division bench comprising Justice S Manikumar and Justice Subramonium Prasad came while passing interim orders on a plea wherein the petitioner had alleged illegal extraction and sale of groundwater by SK Dhandapani of Moolaivaikkal Thottam, and S Ramakrishnan, P Duraisamy and N Palani Gounder of Sengalanipudhur in Tirupur.

Based on a direction from the bench to inspect Sarakar Kannadiputhur village where the alleged illegal extraction of groundwater was allegedly taking place, the Madathukulam Tahsildar had, through a letter on July 27, sought the local police inspector to seize the lorries and register an FIR against those who illegally extracted water and send a copy to him.

But the Udumalpet Revenue Divisional Officer (RDO), who is also part of the court proceedings in the case, wrote a letter to the Managing Director (MD), Amaravathy Cooperative Sugar Mill Limited, Krishnapuram, stating that Dhandapani and three others have tapped water and supplied it to the sugar mill. He also directed the MD to submit a report regarding illegal supply of water to their sugar mill to the District Collector.

But thereafter, the RDO addressed a letter to all the four persons named in the case to appear before him for an enquiry to be conducted for effecting seizure.

Taking strong exception to this, the bench noted that both the statutory provision and the Government Order regarding illegal extraction of water did not contemplate any enquiry. “Even in our earlier order, we made it clear that the seizure should be effected. While that be the case, in our opinion the RDO, Udumalpet, prima facie has exceeded in his jurisdiction by calling the above individuals for conducting an enquiry. That apart, it is contrary to the orders of this court,” said the court.

Based on this, the bench has directed the RDO to appear in person and explain why seizure had not been done immediately. The bench also directed the inspector of Madathukulam police station to submit a report on the action taken against the fourpersons.