Madras High Court
M.Valli vs The District Collector on 30 June, 2023
W.P.No.19191 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.19191 of 2023
and
W.M.P.No.18424 of 2023
M.Valli ... Petitioner
Vs.
1.The District Collector,
Cuddalore District,
Cuddalore.
2.The District Revenue Officer,
Cuddalore District, Cuddalore.
3.The Revenue Divisional Officer,
Cuddalore.
4.The Tahsildar, Cuddalore.
5.The Superintending Engineer,
Public Works Department,
Cuddalore. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, forbearing the respondents from in any
manner interfering with the petitioner's peaceful possession and enjoyment of
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W.P.No.19191 of 2023
the property bearing R.S.No.31/3=Old S.No.92/5 Ac.0.21 in Nanamedu
Village, hamlet of Gundu Uppalavadi, Cuddalore Taluk, Cuddalore District,
except by due process of law.
For Petitioner : Mr.Dhanasekar
For Mr.D.Baskar
For Respondents : Mr.T.Arun Kumar
Additional Government Pleader
ORDER
The relief sought for in the present writ petition is to forbear the
respondents from in any manner interfering with the petitioner's peaceful
possession and enjoyment of the property bearing R.S.No.31/3=Old
S.No.92/5 Ac.0.21 in Nanamedu Village, hamlet of Gundu Uppalavadi,
Cuddalore Taluk, Cuddalore District, except by due process of law.
2. The petitioner states that the subject property more fully described in
the present writ petition originally belonged to his father and patta was
granted in favour of the father of the writ petitioner. After the demise of his
father, the mother of the writ petitioner executed Will in his favour and
accordingly, he is in possession and enjoyment of the property. While so, the
respondents are interfering with the peaceful possession and enjoyment of the
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W.P.No.19191 of 2023
subject property and therefore, the petitioner is constrained to move the
present writ petition.
3. The petitioner states that he submitted a representation to the
respondents, calling upon them not to interfere with his possession or in
alternate, pay a compensation of Rs.5,00,000/-.
4. The learned counsel for the petitioner states that the road widening
projects are being implemented and at that point of time, the authorities are
disturbing the petitioner's possession.
5. The learned Additional Government Pleader appearing on behalf of
the respondents raised an objection based on the written instructions given by
the Revenue Tahsildar, Cuddalore, stating that the petitioner is an encroacher
of water body.
6. The learned Additional Government Pleader appearing on behalf of
the respondents furnished the copy of the 'A' Register, which would show that
the subject property has been classified as 'epytpay; MW', which is a water
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W.P.No.19191 of 2023
body. Encroachment in the water body is impermissible and even as per the
judgment of the Apex Court and the judgment of the Full Bench of this Court,
encroachments in water bodies are to be removed and the water bodies are to
be protected in the interest of public. When the petitioner is in occupation of
the water body, he is not entitled to get any relief from the hands of this
Court.
7. In such circumstances, where the Government lands are under
encroachment, the authorities competent are bound to evict all those
encroachers and initiate action to recover use and occupation charges by
following the procedures. Unless those charges are recovered, the encroachers
will be encouraged at the instance of the authorities. Thus, after evicting the
encroachments, the competent authorities are bound to initiate all appropriate
actions to recover the damages, use and occupation charges by following the
procedures as contemplated under law.
8. Mere possession of a Government land would not confer any right to
claim adverse possession or otherwise. More so, encroachments in water
bodies are to be removed without any loss of time as the encroachments in
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W.P.No.19191 of 2023
water body would affect the water resources in a particular area.
9. In this regard, the 1st respondent / District Collector should ensure
that encroachments in water bodies are removed and actions are initiated for
recovery of use and occupation charges in the manner contemplated under
law. In the present case, the petitioner is in occupation of the water body and
therefore, the relief as such sought for by the writ petitioner is untenable.
10. Accordingly, the writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
30.06.2023
kak
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The District Collector,
Cuddalore District,
Cuddalore.
https://www.mhc.tn.gov.in/judis
W.P.No.19191 of 2023
2.The District Revenue Officer,
Cuddalore District, Cuddalore.
3.The Revenue Divisional Officer,
Cuddalore.
4.The Tahsildar, Cuddalore.
5.The Superintending Engineer,
Public Works Department,
Cuddalore.
https://www.mhc.tn.gov.in/judis
W.P.No.19191 of 2023
S.M.SUBRAMANIAM, J.
kak
W.P.No.19191 of 2023
30.06.2023
https://www.mhc.tn.gov.in/judis
