P.Ramraj vs The Tahsildar
2023 Latest Caselaw 9905 Mad

                                                                                W.P.No.34536 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 08.08.2023

                                                         CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                   W.P.No.34536 of 2022


                   P.Ramraj                                                       ... Petitioner

                                                              Vs.


                   The Tahsildar,
                   Omalur Taluk Office,
                   Salem District.                                               ... Respondent



                   Prayer:- Writ petition filed under Article 226 of the Constitution of India
                   praying for issuance of a writ of Mandamus, directing the respondent to
                   consider the petitioner's representation dated 19.09.2022 consequently
                   direct the respondent to issue patta to the petitioner in respect of Survey
                   No.184/3 Karuppur Village, Omalur Taluk, Salem District.


                                  For Petitioner        : Mr.B.Manimaran

                                  For Respondent        : Mr.E.Sundaram,
                                                          Government Advocate




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                                                                               W.P.No.34536 of 2022

                                                        ORDER

The relief sought for in the present writ petition is to direct the

respondents to issue patta to the petitioner in respect of Survey No.184/3,

Karuppur Village, Omalur Taluk, Salem District.

2. The petitioner states that he is in possession of the subject

property and cultivating the land. The petitioner submitted an application to

issue patta. Since the application was not considered under Section 3 of the

Tamil Nadu Passbook Act, 1983, which stipulates that the Tahsildar shall

issue a Patta Passbook to every owner in respect of land owned by him on

an application made by him in his behalf, the petitioner is constrained to

move the present writ petition.

3. The learned Government Advocate made a submission that the

subject property occupied by the petitioner is classified as Tharisu

Kallanguthu which is a water body.

4. In view of the judgment of the Hon’ble Supreme Court of India,

encroachers in water bodies are to be evicted and the water bodies are to be

protected and utilized for the benefit of the public at large. At no https://www.mhc.tn.gov.in/judis

W.P.No.34536 of 2022

circumstances, encroachment in the water body should be permitted and

the competent authorities are bound to evict all such encroachers in water

bodies.

5. In the present case, the petitioner states that he is cultivating the

land. However, the said land is classified as a water body and the petitioner

is in illegal occupation and therefore, liable to be evicted. The claim of the

petitioner for grant of patta cannot be considered in view of the fact that the

subject property is classified as a water body ie. Kallanguthu. Thus, the

respondent is directed to initiate all appropriate actions to evict the

encroachers from the water body and utilise the land for preserving water

resources and environmental aspects.

6. With these observations, the writ petition stands dismissed. No

costs.

                   (sha)                                                                 08.08.2023
                   Index : Yes
                   Speaking Order
                   Neutral Citation : Yes



https://www.mhc.tn.gov.in/judis

                                               W.P.No.34536 of 2022



                                          S.M.SUBRAMANIAM. J.,

                                                             (sha)

                   To

                   The Tahsildar,
                   Omalur Taluk Office,
                   Salem District.




                                             W.P.No.34536 of 2022




                                                       08.08.2023




https://www.mhc.tn.gov.in/judis