Madras High Court
Mr.G.Velu vs The District Collector on 10 August, 2023
2023:MHC:3853
2023:MHC:3853
W.P.No.9981 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.9981 of 2023
and
W.M.P.Nos.10040 & 10041 of 2023
1.Mr.G.Velu
2.Mrs.V.Saraswathy ... Petitioners
Vs.
1.The District Collector,
Chengalpattu District,
Chengalpattu.
2.The District Revenue Officer,
Chengalpattu District,
Chengalpattu.
3.Revenue Divisional Officer,
VOC Nagar,
Chengalpattu – 603 001.
4.The Tahsildar,
Thiruporur Taluk,
Thiruporur. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorari, calling for the records pertaining to the
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W.P.No.9981 of 2023
impugned order in Mu.Mu.1466/2017/A3 dated 25.04.2019 passed by the 3rd
respondent for cancellation of patta bearing No.452 in respect of the property
in Survey No.137A/1, in No.44, Sembakkam Village, Thiruporur Taluk,
Kancheepuram District and quash the same and direct the 3rd respondent to
issue patta for the schedule property to the petitioners name.
For Petitioners : Mr.K.Jayarman
For Respondents : Mr.C.Jayaprakash
Government Advocate
ORDER
The order passed by the Revenue Divisional Officer, Chengalpattu in
proceedings dated 25.04.2019 is under challenge in the present writ petition.
2. The petitioners state that they have purchased the property
comprised in Survey No.137A/1 as per patta No.898, in No.44, Sembakkam
Village, Thiruporur Taluk, Kancheepuram District. The petitioners became
the owners of the said land by virtue of sale deed dated 01.12.2016 registered
as document No.13689 of 2016. Patta was presented in the name of the
petitioners.
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W.P.No.9981 of 2023
3. The learned counsel for the petitioners states that the petitioners are
in possession of the subject property and suddenly a notice dated 01.08.2022
from the Assistant Engineer, Public Works Department was affixed in the
compound wall of the subject property stating that the property is the
waterbody belonging to the Irrigation Department.
4. Though the petitioners have stated that they have not received any
show cause notice, the learned Government Advocate appearing on behalf of
the respondents made a submission that the initial notice was affixed in the
compound wall and the notice issued to the encroacher was not responded.
5. In any event it is not in dispute that the subject property has been
classified as “Eri Ullvai”, which is a waterbody. The Hon’ble Supreme Court
of India in catena of judgments held that encroachments in the waterbody are
to be removed and the water resources are to be protected for the benefit of
the public at large and to maintain environmental and ecological aspects.
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W.P.No.9981 of 2023
6. If at all the petitioners are aggrieved from and out of the
misrepresentation or fraud by the vendors, the petitioners have to sue their
vendors and as far as the property is concerned it is a waterbody and
therefore, the petitioner cannot now claim patta. Patta initially ganted was
based on some incorrect facts or fraud and therefore, the Public Works
Department officials issued a notice and evicted the encroachers from the
waterbody. Since the encroachments in the waterbody has already been
removed, the said waterbody is to be protected for the purpose of
maintenance of water resources in that locality. Thus, this Court do not find
any infirmity in respect of the order passed by the respondents.
7. Accordingly, this Writ Petition stands dismissed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
10.08.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
https://www.mhc.tn.gov.in/judis
W.P.No.9981 of 2023
To
1.The District Collector,
Chengalpattu District,
Chengalpattu.
2.The District Revenue Officer,
Chengalpattu District,
Chengalpattu.
3.Revenue Divisional Officer,
VOC Nagar,
Chengalpattu – 603 001.
4.The Tahsildar,
Thiruporur Taluk,
Thiruporur.
https://www.mhc.tn.gov.in/judis
W.P.No.9981 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.9981 of 2023
10.08.2023
https://www.mhc.tn.gov.in/judis
