JUDGMENT 1. Heard Mr. V. Lakshminarayanan, learned counsel for the petitioner, Mr. R. Vijayakumar, learned Additional Government Pleader appearing for the respondents 1 to 6 and Mr. A.S. Thambuswamy, learned counsel for the seventh respondent. 2. The prayer in the Writ Petition is to direct the respondents 1 to 6 to take appropriate action against the seventh respondent for attempting to dislocate the natural course of water at Odai in R.S.No.357/1, Kagam Village, Erode Taluk and District and consequently direct the respondents to restore the Odai (water channel) as it exists in R.S.No.357/1 at Kagam Village, Erode Taluk and District. 3. The main focus of the case of the petitioner as put forth by the learned counsel for the petitioner is that he is an agriculturist and earning his daily bread by tilling the lands, for which, water plays an essential role. The "Odai", a water body, catering to the needs of the farmers, had been obstructed by the respondents. The petitioner owns lands in R.S.No.357/2, Old S.F.No.109/C, Kagam Village, Erode Taluk, which were allotted to him by virtue of a family partition that took place on 22.5.1964 and 4.2.1998. The said lands are irrigated through the water flowing in the Odai, which is in existence from time immemorial and being used by the farmers for agriculturist purposes. None has a right to tamper with the natural flow of water through the Odai or channel, which reaches the Cauvery river. The seventh respondent, with a motive, attempted to lay a 'pucca' road on the Odai and therefore, the petitioner, having no other remedy, has come before this Court for the above relief. 4. The seventh respondent has filed a counter affidavit, inter-alia stating that it is wrong to state that she is trying to lay cart track in poramboke in R.S.No.357/1 with a view to wreak vengeance on the petitioner. On the contrary, the existing cart track was damaged to a length of 300 meters. The public, who are using the same cart track, gave a petition to the seventh respondent to re-lay the road so that they can use the same without any difficulty. On getting permission from the third respondent to re-lay the road, the Council resolved to execute the work. Tenders were called for and the lowest tender of Rs.1 lakh was given by one Sengottayan, which was accepted. He has completed the preliminary work only. On getting permission from the third respondent to re-lay the road, the Council resolved to execute the work. Tenders were called for and the lowest tender of Rs.1 lakh was given by one Sengottayan, which was accepted. He has completed the preliminary work only. It is not correct to state that the Odai is on the Southern side of the cart track in all the Revenue Records. This allegation is falsified by the existence of wall constructed from and out of Member of Parliament Development Fund. The cart track is re-laid without affecting the Odai on its Southern side. The other land owners have given a portion of their lands for laying the road for convenient use of public. The seventh respondent has not changed or diverted or reduced the width of the Odai. On the other hand, the Odai was deepened by one feet by removing the sand and stilt. Therefore, the seventh respondent prayed for dismissal of the Writ Petition. 5. After hearing the learned counsel appearing for the parties and on looking into the claim of the petitioner as well as the denial by the seventh respondent, this Court, by order dated 22.8.2012, directed the second respondent-District Collector, Erode to file a report after making necessary enquiry into the matter. Accordingly, the second respondent-District Collector has filed a report before this Court on 14.9.2012, stating as follows: "5. As per the order passed by this Honourable Court on 1.9.2012 the Assistant Director, (Land Survey) had visited and inspected the Resurvey No.357/1 of Kangam Village, Erode Taluk with help of Inspector of Survey, Taluk Assistant Inspector, Firka Surveyor and Village Administrative Officer with the presence of the petitioner in W.P.No.17858/2012 and Vice President on behalf of the 7th respondent. R.S.No.357/1 has an extent of 0.38.0 Hectares and is classified as "Cart track". On perusal of the old records the old Survey Number for the Resurvey No.357/1 is f/r.109/A T.F.116/A, 117/B. As per the old records "A" register the disputed field is classified as "Car track poramboke" (“TAMIL”)/ 6. On perusal of the village records the Odai vilakki (details marked in the FMB) which was running on the northern side of the cart track noted in R.S.No.357/1 the cart track is proceeding from R.S.No.357/1 and running through R.S.No.377, 350, 349, 344, 343 & 342 and reaches Kulavizhaku Village. On perusal of the village records the Odai vilakki (details marked in the FMB) which was running on the northern side of the cart track noted in R.S.No.357/1 the cart track is proceeding from R.S.No.357/1 and running through R.S.No.377, 350, 349, 344, 343 & 342 and reaches Kulavizhaku Village. The Odai is proceeding from R.S.No.357/1 and running through R.S.No.377, 378, 383 & 385 and reaches Kuzhavilakku Village. Perusing the old survey number and the records for the same in the old S.F. Village map the cart track marked as running on the northern side S.F.No.109 and the Odai vilakki is marked as running on the Southern side. The cart track is proceeding from S.F.No.109, 116 and 117 and running as foot path in S.F.No.11, 9, 12 on the southern side of the said Odai Vilakki marked till Kuzhavilakku Village border as per mark in the said S.F.No.109. But contra to the said map in resurvey village map the said Odai Vilakki is marked on the northern side and the cart track is marked on the southern side. 7. As per the old and new records the Resurvey No.357/1 is classified as cart track. In the map cart track is marked as situated on the southern side and the Odai vilakki is situated on the northern side. Resurvey No.357/1 is now approximately 5 meter breadth mud track is existing. The track is situated on the northern side, Odai is situated on southern side. The old and new F.M.B. Village Map, R.S.R. extract are enclosed herewith. In the resurvey "A' register, both cart track and Odai should have been marked distinctly. By mistake, the classification 'Odai' was omitted and only the classification 'Cart-Track' was entered. Hence I submit that the Resurvey No.357/1 is classified as cart track as per old and new records." 6. Thereafter, this Court has given a direction on 14.9.2012 to the competent authority to look into the matter and ascertain the correct position in respect of "A" Register and file a further report to this Court. Hence I submit that the Resurvey No.357/1 is classified as cart track as per old and new records." 6. Thereafter, this Court has given a direction on 14.9.2012 to the competent authority to look into the matter and ascertain the correct position in respect of "A" Register and file a further report to this Court. Accordingly, the second respondent-District Collector has sent a communication to the learned Special Government Pleader, High Court, Madras, vide Ref.No.29220/2012/F1, dated 22.11.2012, in and by which, it is stated that based on the said order of this Court, dated 14.9.2012, the District Collector has issued proceedings in Ref.29220/2012/F1, dated 24.10.2012, directing the Assistant Director to make entries in the "A' Register as Odai and cart track as marked in the survey fields and it is further stated that as per the proceedings of the Survey and Settlement Assistant Director, Erode in Lr.No.7313/2012/A9/Survey, dated 14.11.2012, the entries in the "A Register as Odai and cart track are marked and changes are carried out in the Village Accounts and a copy of the Village Accounts were enclosed for perusal. 7. In the light of the above stated position, the grievance of the petitioner that the Odai and cart track are to be maintained as per the Revenue Records in the "A" Register, has been redressed by the authorities and now the District Collector as well as the Assistant Director of Survey and Settlement have taken a decision and accordingly, entries had been made in the "A' Register as Odai and cart track and changes are carried out in the Village Accounts. 8. While recording the above proceedings of the District Collector, dated 22.11.2012, this Writ Petition is disposed of and if any grievance of the petitioner is unresolved, it is open for the petitioner to move the concerned authority by making a representation, and if such a representation is made, it is for the concerned authority to take a decision on the same in accordance with law. No costs. The Miscellaneous Petition is closed.