Madras High Court
Annai Lourd Educational Trust vs The Secretary To Government on 13 June, 2022
W.A.Nos.1126 & 1127 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.A.Nos.1126 and 1127 of 2022
Annai Lourd Educational Trust
Rep. by its Founder Trustee/Secretary
Annai Lourd Schools
D.Varghese
No.1, School road
Rajiv Gandhi Nagar Appellant
Pattabiram, Chennai 600 072. .. in both the WAs
Vs.
1. The Secretary to Government
Revenue Department, Fort St. George
Chennai 600 009.
2. The Collector
Collector's Office, Thiruvallur.
3. The Tahsildar
Avadi Taluk Office Respondents
Chennai 600 054. .. in both the WAs
Prayer in W.A.No.1126 of 2022: Appeal filed under Clause 15 of the
Letters Patent against the order dated 23.11.2021 in W.P.No.10098 of
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W.A.Nos.1126 & 1127 of 2022
2019 on the file of this Court.
Prayer in W.A.No.1127 of 2022: Appeal filed under Clause 15 of the
Letters Patent against the order dated 23.11.2021 in W.P.No.3401 of
2019 on the file of this Court.
For Appellant
in both WAs : Mr.A.V.Arun
For Respondents
in both WAs : Mr.P.Muthukumar
State Government Pleader
Assisted by Mr.K.M.D.Muhilan
Government Advocate
for respondents 1 to 3
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COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The writ appeals have been filed assailing the order dated
23.11.2021, whereby the writ petitions preferred by the writ
petitioner seeking a direction for permanent allotment of land
measuring 0.80 acres in Survey Nos.210 and 239, for usage as
playground of the school was dismissed. The writ petitions were
dismissed by the learned Single Judge finding that the land is “Odai
Poramboke” and, thus, cannot be made available for allotment for
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W.A.Nos.1126 & 1127 of 2022
any other purpose. Finding that there are encroachments, an
appropriate direction was given to remove the encroachments.
2. The challenge to the order of the learned Single Judge is
precisely on the ground that the Odai does not exist for the last
many years and otherwise an order to allow use of the land of Odai
for the playground was issued by the Tahsildar. Claiming right
based on it, the writ petitions were filed for allotment of land, but
finding no right in favour of the petitioner to seek allotment of land
in a water body, the writ petitions were dismissed.
3. The petitioner cannot seek allotment of the land for
playground unless their right is shown for the aforesaid purpose. It
is more specific when the land is a water body and entries to that
effect exist in the revenue records. The petitioner did not dispute
the land in question to be a water body and therefore the learned
Single Judge did not find any ground to accept the prayer made by
the petitioner.
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W.A.Nos.1126 & 1127 of 2022
4. It may be that after the rains and few months thereupon
water may not exist in the water body and the land is used for other
purpose illegally and, at times, even the encroachments are being
made. But, that by itself, does not confer any right on the
encroacher to seek allotment of the land.
5. The learned Single Judge had even taken note of the order
of injunction passed by the civil court, pursuant to which
construction of the houses were made. The inaction of the
respondents was deprecated, as it would affect the water body
which is required to be protected. Serious lapse on the part of the
government officers in taking action to remove the encroachments
in the water body was found. Rather, an order was issued by an
incompetent officer like the Tahsildar to allow usage of a water body
as playground and, therefore, a direction was given by the learned
Single Judge for initiation of disciplinary action against the officer
concerned.
6. We do not find any error in the order passed by the learned
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W.A.Nos.1126 & 1127 of 2022
Single Judge, so as to cause interference. Rather, to protect the
water body, the order has rightly been passed and the directions
given therein are required to be complied by the respondents.
Accordingly, the writ appeals fail and are dismissed. Consequently,
the connected miscellaneous petitions in C.M.P.Nos.6935 and 6936
of 2022 are closed. No costs.
(M.N.B., CJ.) (N.M, J.)
13.06.2022
Index : Yes/No
kk/drm
To
1. The Secretary to Government
Revenue Department, Fort St. George
Chennai 600 009.
2. The Collector
Collector's Office, Thiruvallur.
3. The Tahsildar
Avadi Taluk Office
Chennai 600 054.
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W.A.Nos.1126 & 1127 of 2022
THE HON'BLE CHIEF JUSTICE
AND
N.MALA, J.
kk/drm
W.A.Nos.1126 and 1127 of 2022
13.06.2022
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