இருந்த ஏரி, குளம் குட்டைகள் எங்கே?
தமிழகத்தில் ஏரி, குளம், குட்டை, வாய்க்கால் போன்ற நீர்நிலைகள் பாதுகாப்பு குறித்து களஆய்வு செய்து விரிவாக தாக்கல் செய்யப்பட்டுள்ள பொதுநல ரிட் மனு (WP No. 30397/2018) சென்னை உயர்நீதிமன்றம் ஏற்று தமிழக அரசுக்கு தாக்கீது.
--------------------
கிராமப்புறங்களில் மழை பெய்தும் கெடுக்கும், பெய்யாமலும் கெடுக்கும் என்ற சொலவடை உண்டு. அந்த காலங்களில் மழை பெய்தால் அனைத்து நீரும் குளம், குட்டைகளிலும் தேங்கும். ஆனால் இப்போது மழை பெய்தால் பயனின்றி போய்விடுகின்றது. குளம், குட்டைகள் இல்லாததால் வெள்ளப் பெருக்கு, பயிர்கள் அழிப்பு, வாழ்விடச் சேதாரம் போன்ற பல பிரச்சனைகள் ஏற்படுகின்றது..
தமிழகத்திலுள்ள நீர்நிலைகளை 60,000லிருந்து 30,000 வரை இன்று குறைந்துவிட்டது. இருப்பதையாவது பாதுகாக்கப்பபட வேண்டும். ஆயக்காட்டுக்கு உதவும் இந்த நீர்நிலைகளை குடிமராமத்து செய்து பேணிக் காக்கவேண்டுமென்றும், தமிகத்திலுள்ள வாய்க்கால்கள், குளங்கள், ஏரிகள், ஆறுகள் ஆகியவற்றை பாதுகாத்து பராமரிக்க புதிய செயல் திட்டங்களை வகுக்க வேண்டுமென்று சென்னை உயர் நீதிமன்றத்தில் நான் தாக்கல் செய்த ரிட் மனுவை (*WP No. 30397/2018*) நீதிபதி சத்யநாராயணா விசாரித்து அந்த மனுவை ஏற்றுக் கொண்டு தமிழக அரசுக்கு இதுகுறித்தான தாக்கீதுகளை அனுப்ப வேண்டி நான் தாக்கல் செய்த என்னுடைய ரிட் மனுவில் உத்தரவிட்டுள்ளார்.
கே.எஸ்.இராதாகிருஷ்ணன்.
20-11-2018
#KSRadhakrishnan_postings
#KSRpostings
#ஏரிகள்
#குளங்கள்
#குடிமாரமத்து
#Lake
#Pond
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. 30397 of 2018
K.S.RADHAKRISHNAN
No.4/359, Sri Chaitanya Avenue,
Anna salai, Palavakkam,
Chennai – 600 041. ….Petitioner
-Vs-
1. The Principle Secretary to Government
Government of Tamil Nadu,
Revenue
Department
Secretariat,
Fort St. George,
Chennai
600 009
2. The
Principle Secretary to Government
Government
of Tamil Nadu,
Land
Administration Department
Secretariat,
Fort St. George,
Chennai
600 009
3. The
Principle Secretary to Government
Government
of Tamil Nadu,
Public
Works Department
Secretariat,
Fort St. George,
Chennai
600 009
4. The
Principle Secretary to Government
Government
of Tamil Nadu,
Agriculture
Department
Secretariat,
Fort St. George,
Chennai
600 009 …Respondents
AFFIDAVIT OF K.S.RADHAKRISHNAN
I,
K.S.Radhakrishnan, son of K.V.Seenivasan, Indian, aged about 61 years,
residing at No. 4/359, Sri Chaitanya Avenue, Anna Salai, Palavakkam, Chennai –
600 041 do hereby solemnly and sincerely affirm and state as follows:-
1. I state that I
am the petitioner herein as such I am well acquainted with the facts and
circumstances of the case to depose herein below.
2. I submit that
despite being advocate, I have pursuing my career as Politician as well being
Columnist in various Dailies to contributing my knowledge about environment and
water based issues as Social Activist. I have edited more than 15 books on
Human rights, Environment, Politics, History, etc.
3. I submit that
I filed WP (Civil) No. 668 of 2002 before the Hon’ble Supreme Court of India
seeking nationalize the Rivers and linking of Ganges – Cauvery – Vaigai –
Tamirabarani and Neyyaru in Kanyakumari District. I submit
that in my above said writ petition, on 27.02.2012 the Hon’ble Supreme Court of
India registered its anguish of wasting and exploiting natural source of water
which causes crisis like draught in one part of our Nation and flooding in the
another part of our Nation at a same time. Further the Hon'ble Supreme Court
weighed various aspect of interlinking and obtained various reports from expert
and competent authorities to register the necessarily of linking rivers. On
visiting those various experts' reports, the Hon'ble Supreme Court issued
guidelines for establishing appropriate authority for interlinking rivers and
directed the Union of India to proceed interlinking rivers to protect our
people and solve water crisis and calamities, consequently the Union of India
had constituted High level committee
comprising Union Minister as head and Ministers of respective state
Govt, and Secretaries of relevant departments, which is examining proposal at
various stages, when the time ripens for interlinking, those precious water
resources received thru interlinking can be stored/utilized/managed, if well
connected network of reservoirs, lakes, canals, tanks and ponds. Therefore we
should prepare our internal mechanism for water management and resource.
4. I submit that
I am filing this writ petition in the public interest for restoration, maintenance and preservation of
water bodies in the State of Tamil Nadu.
5. I submit that
the erstwhile Chera, Chola and Pandiya, (the Trio ) Tamil Kings planned and
executed with visionary for next 500 years of
water storage, usage and other security for water recourses. The
Kallanai (Grand Anicut) is a standing example for proving their visionary. This
is the 4th oldest water diversion and it is existing as well serving
its purpose of water regulator structure in the world. Another standing example of
Veeranam lake which was built by Chola Kings and the same is serving
its purpose of irrigation and drinking to Cuddalore district people, however
now it is extended its purpose to supply drinking water to millions of people
at Chennai. The yet another standing
example is that Vandiyur Mariamman Temple Theppakulam, Madurai,
(Temple Tank) our fore-fathers taught us by their vision as to how all Temple Tanks
can be source and preservation of ground water to solve water crisis to the locality people.
All these 3 examples are in various level like one to save water from River and
another by manmade lake to save surplus
water from river to serve people and the last one is to every village can be
living without crisis of drinking water. All these water mechanism were
maintained by the local heads, authorities then.
6. I submit that
our fore-fathers left us about 60,000 water bodies like tanks, lakes, streams,
and prior to our Independence. Those were maintained by the then local
authorities including villagers those were full time farmers, so that they
realized necessarily maintaining each water bodies with reverence and due
maintenance because it was their sole source of livelihood. In the year 1940, the then Colonial
Government brought all water bodies including rivers under Public Works
Department and the same is continued by our own Governments. At present as per available data 39,202
water body like tank and lakes are under the control of PWD. Those are not
maintained with due diligently and the local body authority are prohibited to
maintain under their supervision. And by the time lapse, our own indigenous
mechanism of Kudimaramaththu was faded away from the minds of the
formers/villagers/locals and they were forced to approach the PWD officials for
maintenance of tanks situated within their village panchayat jurisdiction.
Since the PWD was short of hands, they could not maintain periodically the
channels of water flowing to tanks, lakes hence either the raid fed area would
become flooded and the formers undergo crop loss and at the same time during
summer people face water crisis for drinking, cattle drinking and agriculture
activities.
7. I submit that
the water bodies like tanks, lakes, channels were originally maintained
conventionally by the village public under one person namely
"Neerkattu" to watch the level of water and for distribution. The
village people periodically de-silt those tanks, keep strengthening the banks
of tank and lakes, keep tank and lake water clean for drinking purpose as well
irrigation and also keep exclusive water area out of the tank and lakes for
domestic animals which was called ‘Kudimaramathu’ (Maintain by the local
Public). While those public maintain the said water bodies they mutually have
understating to share tank and lake water between two villages too. Some time,
in rare occasion in case of draught, there will be quarrel and dispute between
the people of those water users. The agriculture people those depend on river
water, they used have their own conventional water sharing mechanism by using
canals, channels to draw water from rivers to their agricultural lands with
local understanding to disburse and
distribute water for irrigation according to their convenience. Those
formers depend only river water would pay money to village head to maintain
those water canals and channels by which they derive right of water in the
mechanism of "Ayakattu".
8. I submit that those
"Ayakattu" and "Kudimaramaththu" local mechanism of water
sharing was such a ancient methods and the same was followed by our
fore-fathers till the Colonial Government take over jurisdiction of water
sharing. In 1930, the Colonial Government by way of enactment of Madras Water
Board Act 1930 took the maintenance of water body from public. Since then, the
traditional and conventional mechanism of kudimaramaththu and ayakattu has gone
under the government authorities by whom the Government authorities were not
giving appropriate attention to maintain the water bodies periodically, hence
the village people either face draught or flood in each year, and consequently
they lost their standing crops as well their hard labour.
9. I submit that in our State of Tamil Nadu had more than 60,000 water bodies
at the time of independence. Presently a reliable statistics says nearly 39,202
lakes are controlled by PWD. And out of this number of lakes, nearly 18,789
water storage bodies spread about hundred acres per water body/lakes. It is approximately 20,413 water storages are
controlled by local bodies. These total
lakes are under the jurisdiction and maintenance of Rural Development
Department/local bodies. Further 35 lakes receive water from river channels and
“Jameen lakes are 756 numbers” and 1207 other lakes which are governed by PWD.
Totally 3746 lakes are situates as on date in those two districts.
10. I state that
Tamil Nadu Act 49 of 1974 was passed amending Tamil Nadu (Estates Abolition and
Conversion into Ryotwari) Act 1948. The patta granted by the Government in
respect of Private Tanks stood automatically cancelled and they became public
tanks. However the Government has not taken any worthwhile follow up measure to
identify the private tanks for which patta were given under erstwhile Act, And
to retrieve the same. When the private tanks have become public tanks it is the
duty of the State Government to restore the same for public use. The Government
has all the data in their possession. But no steps have been taken to give
effect to the provisions of the Act. but contrarily did not considered the serious exploitation of
natural resources of Water but Government itself has constructed bus stands and
other institutions in water bodies. Several educational institutions and
hospitals have encroached water bodies with the active connivance and
co-operation of Government Officials.
11. I state that
in the above said back ground the WATER is very precious source to each one's
livelihood. The unfortunate example that which I came to know that a news
article in Tamil daily "the Hindu" dated 12.12.2017 that
miscreants/encroachers of the lake bed intentionally draining water from lakes
for their vested interest to start their commercial activities at lakes situated in Chenglepet Taluk which is under the control of PWD. Since they are powerful and collided with
local government officials, the formers are unable to stop the draining water
which is only source of their irrigation and agricultural activities and those
formers are Ayakattthaars. Since the formers are economically weak, unable
voice their grievance, hence they are easily threatened by the powerful encroachers,
and their livelihood is under serious threat, most importantly there is no
mechanism at the reach of downtrodden people, the Constitution of India
Guarantees tangible rights to its citizens, but in reality each of us not in a
position knock the doors of justice, and higher echelons in Govt did not hear
voice of common man who is far below in the hierarchy.
12. I state that
it has become necessary to take necessary steps in this regard. It is suggested
out of my vast exposure with water resource and water management, the
respondents may frame scheme to redress before District level Ombudsman with
following suggestion as follows
a)
To visit the old records, identify the water bodies lost and to
retrieve the same.
b)
The Government have to identify the private tanks which were given
patta retrieve the same and convert it as public tanks available for public.
c)
A proper mechanism should be put in every District for
preservation of water bodies, de-silting and maintenance, every once in five
years.
d)
Tank Bunds and Sluices should be properly maintained and shutters
should be periodically monitored by experts engaging local farmers.
e)
A mechanism
should be evolved to allow the agriculturists alone to use the sediments which
can be used a high quality manure.
f)
The local bodies should be empowered to regulate fishery
rights and the villagers should not be denied their right to fish in local
waters.
13. I state that the Tamil Nadu Govt has enacted Act 8 of
2007 (protection of tanks and removal encroachment) after the direction of the
Hon’ble High Court, but the Act failed in all respect, even after 10 years of
passing no effective restoration or removal of encroachment was removed,
further the Act vested with the PWD to take action, the Department already
burdened with numerous task which cannot devote time and energy for mammoth
task of restoration, and management of
thousands of water bodies, and further the penal provision in Section 8
of the said Act provides up to 3 months imprisonment or with Rupees five thousands fine, that too hardly invoked by PWD/jurisdictional
officer, and the said did not deterring the miscreants and unable to address
the present day mischief.
14. I state that under these
pathetic situation in our State of Tamil Nadu regarding Water, Water Resources,
conditions of Water Bodies which causes apathy to every Farmers and
agriculturists as well as the general public for drinking water and to take the same to our own next
generation, hence I made a representation dated 23.08.2018 to respondents by registered post to appoint District level OMBUDSMAN for protecting each water
bodies, as and when receive any complaints from any corner of people regarding
water bodies and redress the same as quashi judicial authority by which save
the existing each and every water bodies to protect water and resources, And
further constitute State Level appellate Ombudsman for any grievances arises
out of District Level Ombudsman orders, but till date my representation was not
considered by any of the respondents.
15. I state that I
undertake to pay the cost if this Hon'ble court finds that the petitioner is
intended for personal gain or oblique motive and I further submit that I have
filed this petition out of my own funds, I am a practicing Advocate, I am an
income tax assessee, and my PAN No. AAZPR6883M, my annual income approximately Rs.10,00,000/-,
I submit that to my knowledge no public interest litigation arising on the same
issue has been filed by me , or pending before this Bench of the Hon'ble High
Court of Madras.
It is therefore prayed
that this Hon'ble court may be pleased to direct the respondents to produce the
records regarding schedule of maintenance of lakes undertaken, restoration, and
removal encroachment situated in the State of Tamil Nadu pending disposal of
the writ petition and thus render justice.
It is
therefore prayed that this Hon’ble Court may be pleased to issue a writ of Mandamus or any other
appropriate writ or order or direction in the nature of a writ, directing the respondents
to dispose the petitioner’s representation dated 23.08.2018 regarding appointment of District level OMBUDSMAN for protecting each
water bodies, and State Level appellate Ombudsman regarding water bodies in the
state of Tamil Nadu and redress the same as quasi-judicial authority by which
save the existing each and every water bodies to protect water or and pass such further or orders of this Hon'ble Court may deem fit and
circumstances of the case and thus render justice.
Solemnly affirmed at
Chennai Before
me
on this 26th day
of October, 2018
and signed his name in my
presence. Advocate::
Chennai.
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