ORDER : T. Raja, J. Madurai District: 1. Mr.Veera Kathiravan, learned Senior Counsel submitted that since the matter is shown to be listed at 2.15 p.m. today, to find out the storage level and also the progress of the work in both Mariamman Theppakulam and Vandiyur Kanmoi in Madurai, he has requested Mr.B.Saravanan and Mr.Niranjan S. Kumar, learned Advocates to visit and find out the subsequent development and improvement in the work undertaken by the District Administration. They have also visited these two places and taken photographs. A perusal of the water storage level in Mariamman Theppakulam indicates unsatisfactory performance of the work undertaken till date by the respondents. Although they have mentioned before this Court that 1 ft. of water storage level was maintained one week ago, even now, the entire floor/ground are of the Theppakulam has not been submerged even at 1 ft. level on all sides. The photographs shown before us also indicate the same condition. 2. Mr.K.K.Ramesh, party in person, submitted that few years back when an attempt was made to restore the Mariamman Theppakulam by storing water, a decision was taken to de-silt all the filth and deposits in the Theppakulam till the level showing the stone laid at the time of constructing the Theppakulam. Without removing the deposits and the filth found in the Theppakulam, if water is stored that will not be a good water and that might also emit bad odour or smell and that might also create unhealthy atmosphere in the vicinity. Since more number of people are using that area for morning and evening walk and also for relaxation by sitting over all the four sides of the Theppakulam, the bad odour or smell would not permit them to have fresh air. Therefore, Mr.Veera kathiravan, learned Senior Counsel also submitted that if a committee is constituted with a direction to undertake the removal of filth and deposits not cleared for several decades that would help the District Administration to store more and clean water. 3. Therefore, Mr.Veera kathiravan, learned Senior Counsel also submitted that if a committee is constituted with a direction to undertake the removal of filth and deposits not cleared for several decades that would help the District Administration to store more and clean water. 3. Mr.R.Gunalan, District Revenue Officer, Mr.I.Renganathan, Executive Engineer (Planning), Madurai Corporation and Mr.K.Sundarappan, Executive Engineer, Periyar Main Canal Division, Melur, Public Works Department, also submitted that Hindu Religious and Charitable Endowments Department also should be impleaded as one of the parties, as the Theppakulam is coming under the administration of the Hindu Religious and Charitable Endowments Department, who are having control and administration of the Meenakshi Sundareswara Temple. The District Revenue Officer, Executive Engineer (Planning), Madurai Corporation and Assistant Engineer also stated that the Mariamman Theppakulam is also having original water supply channel from the Chottathatti canal and Pannaiyur canal. Now, in view of the proposal for building water check dams – one near Kurivikaran Salai and another near A.V. Bridge, for which, tender also has been flouted, after completion of the check dam at Kurivikkaran Salai, there will be a free flow of water from the check dam through the original water supply channel from Vaigai river to Mariamman Theppakulam. Therefore, after the completion of the said check dams, temporary pumping station presently working for filling Mariamman Theppakulam will be replaced. For restoration of the original water supply channel, the Hindu Religious and Charitable Endowments Department also will be roped. Therefore, we hereby direct the District Revenue Officer, Madurai, the Joint Commissioner, H.R. & C.E., Madurai, Executive Engineer (Planning), Madurai Corporation, Executive Engineer, Public Works Department/WRO, to coordinate with each other and ensure that the de-silting is undertaken and completed expeditiously before northeast monsoon sets in so that the storage level of the water in the Mariamman Theppakulam can be easily completed. 4. It is also pointed out by Mr.Veera kathiravan, learned Senior Counsel that open defecation is largely committed by the locals residing in and around the Mariamman Theppakulam, that is completely making the entire area unfit for morning and evening walk. This apart, as this temple place is considered as a holly and divine place, the Inspector of Police, Theppakulam Police Station, Madurai, is directed to ensure that there shall be a frequent visit by the patrol to avoid the open defecation in that area. 5. This apart, as this temple place is considered as a holly and divine place, the Inspector of Police, Theppakulam Police Station, Madurai, is directed to ensure that there shall be a frequent visit by the patrol to avoid the open defecation in that area. 5. Mr.K.Chellapandian, learned Additional Advocate General after instruction from the District Revenue Officer, Madurai and other officers who are also present in the Court, submitted that as the entire area of Theppakulam is 21 acres, it would consume more time for de-silting, however, the respondents would ensure that within a weeks time all the deposits and de-silting work will be completed and further steps would be taken to store Full Tank level of water from Vaigai River. 6. The Madurai Corporation, the District Administration, Madurai and also the Village Panchayats functioning on both sides of the bank of Vaigai River are also hereby directed to ensure no one is letting sewage or drainage water into the Vaigai River. They are also directed to find out how the sewage and drainage water can be disposed of without taking to Vandiyur Kanmoi and other water bodies. 7. The Assistant Divisional Engineer, Meenakshi Sundareswarar Temple submitted that a proposal also will be made to the Commissioner, H.R. & C.E., and after obtaining sanction, the work will be completed. Therefore, the Commissioner of Hindu Religious and Charitable Endowments Department, Chennai, is also directed to consider, if any proposal is made by the Joint Commissioner for restoration of water in the Mariamman Theppakulam and act without any delay and ensure that the work is completed within the time stipulated by this Court. The Joint Commissioner/Executive Officer, H.R. & C.E., shall start the work from tomorrow viz., 02.11.2018 by sending the proposal and the Commissioner, H.R. & C.E., shall approve the proposal submitted in respect of the restoration work of the Mariamman Theppakulam, Madurai. As the public work cannot suffer from delay, we direct the above officials to carry on the de-silting and water restoration wok in the Mariamman Theppakulam forthwith. 8. Mr.V.Kathirvel, learned Assistant Solicitor General appearing for the respondent No.22 in W.P.(MD)No.20927 of 2018 submitted that the Secretary, Ministry of Environment, Forest and Climate Change National River Conservation Directorate has also introduced a Smart City Scheme including Madurai as one of the Smart Cities in the list. 8. Mr.V.Kathirvel, learned Assistant Solicitor General appearing for the respondent No.22 in W.P.(MD)No.20927 of 2018 submitted that the Secretary, Ministry of Environment, Forest and Climate Change National River Conservation Directorate has also introduced a Smart City Scheme including Madurai as one of the Smart Cities in the list. As Madurai is going to be developed as a Smart City several schemes are to be brought in under the scheme of Madruai Smart City. A copy of the Madurai Smart City Limited is also placed before us. Although most of the schemes are very useful a Dedicated Water Supply Scheme for Madurai Corporation from Mullai Periyar River (at Lower Camp) is awaiting for Technical Sanction and Draft Bid Document has been submitted with an estimate amount of Rs.1020 Crores. One another scheme called Improvement of Water Supply Scheme in Madurai Corporation, the document shows that Detailed Project Report is also submitted and the same is awaiting for Administrative Sanction with an estimate of Rs.600 Crores. He has also submitted that if the Madurai Smart City Scheme is introduced enough water will be brought to Madurai from Mullai Periyar River at a cost of Rs.1020 Crores and this apart, water supply schemes for Madurai Corporation will be made by supplying water to Madurai with a cost of Rs.600 Crores. In this regard, he has also sought for time to file a detailed counter and status report. Accepting this request of the learned Assistant Solicitor General, we grant two weeks time therefor. 9. The Hon'ble Full Bench of this Court in T.K.Shanmugam, Secretary, C.P.I. (M) v. The State of Tamil Nadu and others reported in 2015-5-L.W.397 has held that any water body that has been put to disuse cannot be a ground to regularise the encroachment and the theory of adverse possession also cannot be invoked for issuance of patta in any water body on the ground that for several decades that has not been visited with water. Therefore, we hereby direct the respondents not to convert any dry or unused water body to be converted as a residential site or area even for building any public office. 10. Further, an order passed by a Division Bench of this Court dated 02.08.2018 in W.P.(MD)No.15244 of 2018 (Sri Meenakshi Nagar Residents Welfare Association rep. Therefore, we hereby direct the respondents not to convert any dry or unused water body to be converted as a residential site or area even for building any public office. 10. Further, an order passed by a Division Bench of this Court dated 02.08.2018 in W.P.(MD)No.15244 of 2018 (Sri Meenakshi Nagar Residents Welfare Association rep. by its President v. The Assistant Engineer, Public Works Department, and others) was brought to our notice to say that the consent order passed by this Court for removal of remaining encroachments as also de-silting of the Oothukkal Vaikal will be completed within a period of four weeks time has not been complied with. 11. The learned Additional Advocate General assisted by Mr.V.R.Shanmuganathan, learned Special Government Pleader receiving a copy of the said order sought time to get instruction in this regard. Dindigul District: 12. The details of water storage in minor irrigation tanks are shown in the booklet filed by the District administration. When there are 1577 tanks are in existence, 1548 tanks are reached only 25% storage of water level. Therefore, the District administration is directed to explore the reason why they are not able to store more water in 1548 tanks. If the low storage of water in these tanks are due to non removal of encroachment or non desiliting or due to not having any connection with the other water channels, suitable steps should be taken in this regard and the District Administration is directed to file further status report. 13. The list of PWD tanks mentioned at Page Nos.87 and 88 of the booklet filed by the District administration should be surveyed. Therefore, the respondents concerned are directed to undertake survey and fix boundary marks in all these tanks and file status report. 14. Mr.K.K.Ramesh, party-in-person submitted that the water channel leading to Balakrishnapuram Panchayat Odai in S.No.71 is completely encroached with the construction of 81 houses. If no step is taken for removal of encroachment in Balakrishnapuram Panchayat Odai, no water will flow. Therefore, necessary direction be issued. 15. Mr.K.Chellapandian, Additional Advocate General sought time to take instructions with regard to removal of encroachment made in Balakrishnapuram Panchayat Odai. 16. If no step is taken for removal of encroachment in Balakrishnapuram Panchayat Odai, no water will flow. Therefore, necessary direction be issued. 15. Mr.K.Chellapandian, Additional Advocate General sought time to take instructions with regard to removal of encroachment made in Balakrishnapuram Panchayat Odai. 16. Mr.Veerakathiravan, Senior Counsel submitted that when HR & CE department has released hydraulic particulars of the lands and buildings belonging to them in the official website to avoid any future encroachment or alienation, a similar exercise can be undertaken by PWD/WRO by uploading hydraulic particulars in their official website, indicating the names of water bodies viz., Kanmai, Oorani etc., including water supply channels, extent of water bodies, so that, public will be able to know the extent and if any encroachment is made, proper steps would be taken for restoration of the said water bodies and this can be utilised by the registration department, avoiding objectionable registration coming around water bodies. 17. Mr.K.Chellapandian, Additional Advocate General submitted that the District administration has already placed all the hydraulic particulars. Although we appreciate that exercise, considering the request made by the learned Senior Counsel that hydraulic particulars of all the water bodies should be uploaded in the official website throughout the State, we direct the PWD/DRO to publish all the hydraulic particulars of all the water bodies viz., Kanmai, Oorani etc., in their official website. 18. Therefore, we deem it to appropriate to issue the following directions: (i) The District Revenue Officer, Madurai, the Joint Commissioner, H.R. & C.E., Madurai, the Executive Engineer (Planning), Madurai Corporation, the Executive Engineer, Public Works Department/WRO, to coordinate with each other and ensure that the de-silting work in the Mariamman Theppakulam is undertaken and completed expeditiously before northeast monsoon sets in so that the storage level of the water in the Mariamman Theppakulam can be easily completed. (ii) The Madurai Corporation, the District Administration, Madurai and also the Village Panchayats functioning on both sides of the bank of Vaigai River are hereby directed to ensure no one is letting sewage or drainage water into the Vaigai River. They are further directed to find out how the sewage and drainage water can be disposed of without taking to Vandiyur Kanmoi and other water bodies. (iii) The Joint Commissioner/Executive Officer, H.R. & C.E., shall start the work from tomorrow viz., 02.11.2018 by sending proposal. They are further directed to find out how the sewage and drainage water can be disposed of without taking to Vandiyur Kanmoi and other water bodies. (iii) The Joint Commissioner/Executive Officer, H.R. & C.E., shall start the work from tomorrow viz., 02.11.2018 by sending proposal. (iv) The Joint Commissioner/Executive Officer, Meenakshi Sundareswarar Temple is directed to send a proposal to the Commissioner, H.R. & C.E., Chennai for sanction of de-silting work and on receipt of the same, the Commissioner of Hindu Religious and Charitable Endowments Department, Chennai, is also directed to consider proposal for restoration of water in the Mariamman Theppakulam and act without any delay, as the public work cannot suffer from delay and ensure that the work is completed within the time stipulated by this Court. (v) All the District Administrations of Madurai, Ramanathapuram, Theni, Dindigul and Sivagangai Districts are directed not to convert any dry or unused water bodies as residential site or area even for building any public office henceforth as per the ruling of the Full Bench of this Court in T.K.Shanmugam, Secretary, C.P.I. (M) v. The State of Tamil Nadu and others reported in 2015-5-L.W.397 as mentioned supra. (vi) The District administration, Dindigul, is directed to explore the reason why they are not able to store more water in 1548 tanks and if the low storage of water in these tanks are due to non removal of encroachment or non desiliting or due to not having any connection with the other water channels, suitable steps should be taken in this regard and the District Administration is directed to file further status report. (vii) The list of PWD tanks mentioned at Page Nos.87 and 88 of the booklet filed by the District administration, Dindigul, should be surveyed. Therefore, the respondents concerned are directed to undertake survey and fix the boundary marks in all these tanks and file further status report. (viii) Similar to the H.R. & C.E. Department, the Chief Engineer, Public Works Department/Water Resource Organisation is directed to publish all the hydraulic particulars of all the water bodies viz., Kanmai, Oorani etc., in their official websites; and (ix) The Inspector of Police, Theppakulam Police Station, Madurai, is directed to ensure that there shall be a frequent visit by the patrol to avoid the open defecation in and around Mariamman Theppakulam area. 19. 19. List the matters for further orders on 12.11.2018 at 03.00 p.m., through Video Conference.