Madras High Court
Unknown vs The Principal Commissioner on 8 August, 2022
W.P.No.20669 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.P.No.20669 of 2022
1.V.Sasikala
2.I.Anitha
3.A.Dhanalakshmi
4.S.Hemavathi
5.R.Vinothkumar
6.M.Dinesh
7.R.Baskar
8.V.Kasiyammal
9.S.Suguna
10.M.Renuga
11.K.Manikandan
12.R.Geetha
13.M.Meenakshi
14.N.Ammu
15.K.B.Balaji
16.S.Hariparaipoorani
17.V.Durga
18.R.Geetha
19.R.Vasantha
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W.P.No.20669 of 2022
20.R.Srinivasan
21.M.Elumalai
22.K.Manju
23.S.Sivalingam
24.K.Chithra
25.M.S.Thirunavukarasu
26.S.Rangan
27.M.Raja
28.V.Ponrani
29.S.Gowrishankar
30.S.Vajravelu
31.S.Nirmala
32.J.Vijayalakshmi
33.M.Dhanalakshmi
34.B.Rasammal
35.S.Kanimozhi
36.B.Ganapathi
37.S.Jayanthi
38.S.Saravanan
39.S.Chitra
40.S.Kayalvizhi
41.A.Priya
42.P.Saroja
43.N.Sumathi
44.S.Lokidoss
45.D.Kothandan
46.K.Sankar
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W.P.No.20669 of 2022
47.K.Venkatesan
48.S.Dhatchayini
49.G.Vijayakumar
50.A.Baskar
51.I.Janaki
52.Loganathan
53.K.Saradha
54.S.Sangeetha
55.D.Mohan
56.S.Lakshmi
57.R.Devi
58.M.Subalakshmi
59.K.Ammu
60.R.Pushpa
61.P.Muniyandi
62.R.Muniyappan
63.M.Kavitha
64.M.Padmavathy
65.P.Shanmuga Udayar ... Petitioners
versus
1.The Principal Commissioner,
Land Administration,
Chepauk, Chennai 5
2.The District Collector,
Kancheepuram District
3.The Block Development Officer,
Kundrathur Panchayat Union,
Kancheepuram District.
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W.P.No.20669 of 2022
4.The Tahsildar,
Kudnrathur Taluk,
Kancheepuram District.
5.The Engineer-in-chief,
Water Resources Department,
Public Works Department,
Chepauk, Chennai 5
6.The Assistant Engineer,
Water Resources Department,
Public Works Department,
Sriperumbudur
7.The Assistant Engineer,
Water Resources Department,
Public Works Department,
Nariambakkam Village,
Padappai ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the first respondent to
reclassify the land situated at S.No.40, Nariyambakkam Village,
Sriperumpudur Taluk, Kancheepuram District from Vaikkal Promboke
to Village Natham and take appropriate action for issuance of patta to
the petitioners by disposing written representation made by the
petitioners on 14.06.2022.
For the Petitioners : Mr.C.Prakasam
For the Respondents : Mr.J.Ravindran,
Additional Advocate General
assisted by
Mr.A.Selvendran,
Special Government Pleader
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W.P.No.20669 of 2022
ORDER
(Order of the Court was made by
the Hon'ble Chief Justice)
The writ petition has been filed to seek a direction on the first
respondent to reclassify the land situated in S.No.40, Nariyambakkam
Village, Sriperumpudur Taluk, Kancheepuram District. The prayer
aforesaid is made in reference to the previous action of the
respondents where part of the land was reclassified as natham, and
otherwise, on the land belonging to the canal, a school has been
constructed. In view of the above, the prayer is made to accept the
representation made by the petitioners to reclassify the land of the
canal for issuance of patta in favour of the petitioners. It is for the
reason that for the last 50 years, the canal is not operating.
2. We have considered the submissions made by learned
counsel for the petitioners and perused the records.
3. The prayer for reclassification is made admittedly with
reference to the land of the canal. The prayer aforesaid cannot be
accepted and it cannot be based on illegalities, if any, committed by
the respondents. If the respondents have constructed a school on the
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W.P.No.20669 of 2022
land belonging to the canal, the petitioners cannot claim
reclassification of the land based on the aforesaid illegality. It cannot
be even in reference to the previous action to reclassify the land of
the canal as 'natham'. Such illegalities cannot be made bases to claim
a right, otherwise it would be nothing but to seek perpetuation of the
illegalities, if any, committed by the respondents. It is settled law
that claim can be made based only on the legal rights and not based
on the illegalities committed by the respondents or Government
functionaries. In the light of the aforesaid, we do not find a case for
acceptance of the prayer for reclassification of the land for issuance
of patta in favour of the petitioners.
4. Before parting with the judgment, it would be relevant to
refer to the various events by which waterbodies in the State of Tamil
Nadu have been encroached and because of that, it is not only
affecting the environment but also the people and other livestock.
When there is a reasonable rainfall; which feeds the waterbodies
where water can be stored, on account of the encroachments, it
results in flood. In contrast, there may be drought in absence of any
place left in the waterbodies to accumulate the water. Both these
events in contrast happen on account of the encroachments in the
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W.P.No.20669 of 2022
waterbodies throughout the State of Tamil Nadu. This Court has
passed orders from time to time to remove the encroachments, and
in this petition, we further direct that if the land belongs to canals or
a waterbody, it cannot be reclassified, so as to allot pattas,
otherwise, the danger of facing floods and drought, would be
apparent on the face of the record.
5. With the aforesaid, this petition is closed. There will be no
order as to costs. Consequently, WMP Nos.19777 of 2022 and 19775
of 2022 are closed.
(M.N.B., CJ.) (N.M., J.)
08.08.2022
Index : Yes/No
tar
https://www.mhc.tn.gov.in/judis
W.P.No.20669 of 2022
To:
1.The Principal Commissioner,
Land Administration,
Chepauk, Chennai 5
2.The District Collector,
Kancheepuram District
3.The Block Development Officer,
Kundrathur Panchayat Union,
Kancheepuram District.
4.The Tahsildar,
Kudnrathur Taluk,
Kancheepuram District.
5.The Engineer-in-chief,
Water Resources Department,
Public Works Department,
Chepauk, Chennai 5
6.The Assistant Engineer,
Water Resources Department,
Public Works Department,
Sriperumbudur
7.The Assistant Engineer,
Water Resources Department,
Public Works Department,
Nariambakkam Village,
Padappai
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W.P.No.20669 of 2022
M.N.Bhandari, CJ.
and
N.Mala, J.
(tar)
W.P.No.20669 of 2022
08.08.2022
https://www.mhc.tn.gov.in/judis
