Madras High Court
Pasupuleti Venkatalakshmi vs The Regional Administrator-Cum on 12 September, 2023
WP Nos.22700, 24616, 22753 and 22409 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP Nos.22700, 24616, 22753 and 22409 of 2023
Pasupuleti Venkatalakshmi : Petitioner in WP No.22700/2023
Thota Veerabhadra Rao : Petitioner in WP No.22753/2023
Kanakala Venkatarao : Petitioner in WP No.24616/2023
Kanakala Venkataswamy : Petitioner in WP No.22409/2023
versus
1.The Regional Administrator-cum-
Deputy collector (Revenue)
Yanam, Puducherry 533464
2.The Estate Officer, (Executive Engineer)
P.W.D., Yanam, Puducherry 533464
3.The Deputy Tahsildar (Revenue)
Yanam, Puducherry 533464 : Respondents
Prayer: WP Nos.22700, 24616, 22753 of 2023 filed under Article 226 of the
Constitution of India for issuance of a Writ of Certiorari calling for the records
pertaining to the impugned notice passed by the 2nd respondent vide
Lr.No.645/PW/EE/ DB/YNM/2022-23 dated 26.08.2022 and quash the same.
WP No.22409 of 2023 filed under Article 226 of the Constitution of India
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WP Nos.22700, 24616, 22753 and 22409 of 2023
for issuance of a Writ of Certiorari calling for the records pertaining to the
impugned notice passed by the 2nd respondent vide Lr.No.489/PW/EE/DB/YNM
/2022-23 dated 30.06.2022 and quash the same.
For the Petitioner : Ms.C.S.Saranya Bai
For the Respondents : Mr.S.Ravee Kumar,
Government Pleader (Puducherry)
COMMON ORDER
(Made by the Hon'ble Chief Justice)
We have heard Ms.C.S.Saranya Bai, learned counsel for the petitioners
and Mr.S.Ravee Kumar, learned Government Pleader (Puducherry) for the
respondents.
2. The petitioners are challenging the impugned notice directing
eviction on the ground that encroachment has been made on the Government
site.
3. It is the contention of the learned counsel for the petitioners that
patta has been issued in favour of the petitioners.
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WP Nos.22700, 24616, 22753 and 22409 of 2023
4. The learned Government Pleader for the Union Territory of
Puducherry submits that the National Green Tribunal, Southern Zone, Chennai,
under its order dated 27.09.2022 has issued directions and the Union Territory
of Puducherry would be adhering to the directions.
5. The directions relevant in the present petitions are as under :
“48. (b) The Union Territory of Puducherry
Government is directed to take steps to relocate the
persons to whom Pattas have been granted in this area in
an alternate site by providing necessary financial
assistance for shifting their residences to other areas
including construction of houses, if any, required and
evolve the scheme for that purpose at the earliest and
add this area also in the water channel/ estuary portion
and take steps to maintain the same and this exercise
must be completed within a period of six (6) months
from the date of receipt of this Judgment;
(e) The question as to whether any provisions will
have to be made for the persons who are encroached
depending upon their financial bank ground for
relocation scheme is the matter to be considered by the
Union Territory of Puducherry and we are not expressing
any opinion on this aspect. But this will not stand in the
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WP Nos.22700, 24616, 22753 and 22409 of 2023
way of the District administration in taking steps to
remove such encroachments from the water
channel/estuary. In respect of the road that has been
constructed in the 'water channel/estuary' portion as
mentioned by the district administration of Yanam-Union
Territory of Pudhucherry, they must take steps to provide
as many as box vents as possible to ensure free flow of
water and if it is not feasible, then, they will have to
take steps to provide elevated pathway over the water
channel/estuary portion, so as to provide right a
pathway, if any, required for the persons who are
residing on either side of the water channel/ estuary.
(f) Both the district administration and the local
bodies of Kakinada District (erstwhile East Godavari
District) and Yanam-Union Territory of Puducherry
Government are directed to implement the Solid Waste
Management Rules, 2016, Liquid Waste Management
within their jurisdiction to avoid dumping of waste and
discharge of untreated sewage into the water
channel/estuary so as to pollute the water in the water
channel/estuary.”
6. The learned Government Pleader submits that alternate site has been
identified by the Revenue Department, Yanam and alternate patta will be
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WP Nos.22700, 24616, 22753 and 22409 of 2023
issued to the original assignee in the new location before they are evicted from
the present site.
7. The aforesaid statement is in conformity with the order passed by the
National Green Tribunal.
8. In view of the above, the writ petitions are disposed of. There will be
no order as to costs. Consequently, WMP Nos.24051, 22213, 22143, 21810,
24053 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
12.09.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
To
1.The Regional Administrator-cum-
Deputy collector (Revenue) Yanam, Puducherry 533464
2.The Estate Officer, (Executive Engineer)
P.W.D., Yanam, Puducherry 533464
3.The Deputy Tahsildar (Revenue)
Yanam, Puducherry 533464
https://www.mhc.tn.gov.in/judis
WP Nos.22700, 24616, 22753 and 22409 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(tar)
WP Nos.22700, 24616,
22753 and 22409 of 2023
12.09.2023
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