Tamil Nadu - Chennai   

“Don't implement G.O. before hearing of petition”

CHENNAI: The Madras High Court has said a Tamil Nadu G.O. of January this year which sought to bring down the period of living on unobjectionable government poromboke lands from five years to three years for regularisation purpose, should not be implemented pending hearing of a writ petition.

Passing the interim order on a petition by the Sivakasi Region Tax Payers Association, Sivakasi, the First Bench comprising Chief Justice M.Y.Eqbal and Justice T.S.Sivagnanam directed the Government Pleader to file counter. In the petition, filed through counsel, L.G. Sahadevan, the petitioner submitted that Sivakasi was a drought-hit and dry area.

The people of Sivakasi and those living in and around the town were facing acute shortage of water supply throughout the year. They mainly depended on the groundwater. The G.O, dated January 29, 2010 of the Revenue Department, would open the floodgates for encroachments. The petitioner said even though in the impugned G.O. it was stated that there would not be any regularisation of encroachments in water spread courses where a High Court stay order operated, it was very vague and ambiguous. The government order was contrary to decisions of the Supreme Court and the High Court. After hearing arguments of N.R.Chandran, senior counsel for the petitioner, and Raja Kalifullah, Government Pleader, the court passed the order.

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