Madras High Court
Selvaraj vs The Tahsildar on 30 June, 2025
S.A.(MD)No.145 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2025
CORAM
THE HON'BLE MR.JUSTICE G.ARUL MURUGAN
S.A.(MD)No.145 of 2025
and
C.M.P.(MD)No.5265 of 2025
1.Selvaraj
2.Velraj ... Appellants
vs
1.The Tahsildar,
Thoothukudi Taluk,
Thoothukudi.
2.The President,
Tamil Nadu Slum Clearance Board,
Tirunelveli Zone, Tirunelveli.
3.The State of Tamil Nadu,
represented by its District Collector,
Thoothukudi. ...Respondents
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
Procedure, to set aside the judgment and decree, dated 05.11.2024 passed
in the appeal in A.S.No.52 of 2022 on the file of the Subordinate Court,
Thoothukudi confirming the judgment and decree, dated 08.11.2021 passed
in the suit in O.S.No.271 of 2018 on the file of the Principal District Munsif
Court, Thoothukudi.
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S.A.(MD)No.145 of 2025
For Appellants : Mr.J.Barathan
For Respondents : Ms.P.B.Ahmed Yasmin Parvin
Government Advocate
*****
JUDGMENT
The unsuccessful plaintiffs are before this Court on appeal. The
Second Appeal is filed challenging the judgment and decree, dated
05.11.2004 made in A.S.No.52 of 2022 on the file of the Subordinate Court,
Thoothukudi confirming the judgment and decree, dated 08.11.2021 passed
in O.S.No.271 of 2018 on the file of the Principal District Munsif Court,
Thoothukudi.
2.For the sake of convenience, the parties are referred to, as per their
litigative status before the trial Court.
3.It is the case of the plaintiff that the suit property comes within the
CRZ notification and unless, proper approval is obtained from the CRZ
authority, the defendants cannot carry out any construction or allotment of
houses under any scheme. It is the case of the plaintiff that the suit property
is a punjai land and the plaintiffs are residing in the Tuticorin Corporation.
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Since they do not have houses, they are entitled for allotment of houses
under the Slum Clearance Board. The second defendant is undertaking the
construction of houses for the poor people in Tuticorin Corporation. For the
said purpose, they have selected the suit property for construction and
allotment of free houses to eligible persons.
4.According to the plaintiffs, since this suit property earmarked by the
defendants is coming under CRZ area, no such development could be made
and therefore, they wanted a suitable alternate place to be identified. Since
the same was not heeded to, they have come up with the suit for permanent
injunction restraining the defendants from constructing any houses in the
suit property.
5.The defendants have resisted the suit by filing a written statement
stating that it is only the local authority, who will know about the position,
as to whether the suit property comes within the CRZ area or not and
therefore, the suit is bad for non joinder of necessary parties.
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6.During trial, the plaintiffs examined themselves as PW-1 to PW-3
and marked Ex-A1 to Ex-A5. None has been examined on the side of the
defendants and no document has been marked.
7.The trial Court, after considering the evidences, dismissed the suit
holding that, the plaintiffs have come up with the suit only based on
assumption and further, it is only the local planning authority, who is a
proper party, who would be aware of the CRZ classification.
8.On appeal, the lower appellate Court also confirmed the judgment
and decree of the trial Court and dismissed the appeal. The lower appellate
Court found that, admittedly, the land in S.Nos.158 to 160 comes under the
CRZ notification, but still, the plaintiffs have not established that the suit
property in S.No.158/1 is sub divided from 158. Holding so, the lower
appellate Court dismissed the appeal.
9.Assailing the concurrent finding of fact, the plaintiffs are before this
Court with the above appeal.
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10.Even when the appeal was taken up for admission on 17.06.2025,
Ms.P.B.Ahamed Yasmin Parvin, learned Government Pleader, accepted
notice for the respondents and since the issue was on a narrow campus, as to
whether the suit property was covered under the CRZ notification or not,
this Court directed the learned Government Advocate to get proper
instruction from the third respondent/District Collector to clarify the fact, as
to whether the suit property comes under the CRZ area, particularly, in view
of the fact that the lower appellate Court had given a finding that the
property in S.Nos.158 to 161 comes under the CRZ notification. Further,
since there was a scheme by which houses are to be built for the landless
poor persons and already nearly 7 years have lapsed, this Court felt that any
further delay would not be in the better interest of both the parties.
11.Today, when the matter is taken up for hearing, the learned
Government Advocate has produced a copy of the written instructions of the
third respondent addressed to her in Na.Ka.No.D4/3489387/25, dated
28.06.2025. The entire letter is extracted hereunder:
“J}j;Jf;Fb khtl;lk; kw;Wk; tl;lk;> khg;gps;is-
A+uzp fpuhkk;> Gy vz; 158/1-y; 15 Vf;fu; 16 nrd;l;
epyj;jpy; jkpo;ehL Fbir khw;W thupak; %yk; tPL fl;l
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Ml;Nrgid njuptpj;J jpU.nry;tuh[; kw;Wk; jpU.Nty;uh[;
MfpNahuhy; nrd;id cau;ePjpkd;w kJiu fpisapy; S.A.
(MD)No.145/2025-d;gb tof;F jhf;fy; nra;ag;gl;Ls;sJ.
Nkw;gb tof;F njhlu;ghf Gy vz; 158/1 MdJ flw;fiu
fl;Lg;ghl;L (CRZ) gFjpf;Fs; cs;sjh vd;gJ Fwpj;J
khtl;l Ml;rpauhy; mwpf;if mDg;gpl
mwpTWj;jg;gl;Ls;sJ. ghu;it 2 kw;Wk; 3-d;gb J}j;Jf;Fb
tl;lhl;rpau; kw;Wk; J}j;Jf;Fb cs;Su; jpl;lf; FOkk;
cjtp ,af;Feu; MfpNahu; mwpf;if nra;Js;sdu;.
mjd;gb vdjwpf;ifapid fPo;f;fz;lthW rku;g;gpf;fpNwd;.
J}j;Jf;Fb khtl;lk; kw;Wk; tl;lk;. khg;gps;is
A+uzp fpuhk Gy vz; 158/1 tp];jPuzk; 2.09.0 n`f;Nlu;
ru;f;fhu; GQ;ir "jupR" vd fpuhk "m" gjpNtl;by;
gjpthfpAs;sJ.
murhiz vz;.7> tPl;L trjp kw;Wk; efu;Gw tsu;r;rpj;
(e.t-2) Jiw ehs;.10.02.2000-d;gb eilKiwapYs;s
KOikj;jpl;l tifg;ghl;by; J}j;Jf;Fb khtl;lk;>
J}j;Jf;Fb cs;Su; jpl;lg; gFjp>
khg;gps;isA+uzp fpuhkk;> ru;Nt vz; 158/1 -d; epykhdJ
flw;fiu fl;Lg;ghl;L gFjpapy; (CRZ) mike;Js;sJ.
NkYk; kj;jpa Rw;Wr;R+oy; tdj;Jiw kw;Wk;
gUtepiy khw;wk; mikr;rfj;jhy; xg;Gjyspf;fg;gl;l
CNMP tiuglk; CRZ Notification 2011-d;gb.
(ii) CRZ shall apply to the land area between HTL to
100 mts or width of the creek whichever is less on the
landward side along the tidal influenced water bodies that are
connected to the sea and the distance up to which development
along such tidal influenced water bodies is to be regulated
shall be governed by the distance upto which the tidal effects
are experienced which shall be determined based on salinity
concentration of 5 parts per thousand (ppt) measured during
the driest period of the year and distance up to which tidal
effects are experienced shall be clearly identified and
demarcated accordingly in the Coastal Zone Management
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Plans (hereinafter referred to as the CZMPs).
Explanation For the purpose of this sub-paragraph the
expression ideal influenced water bodies mean the water
bodies influenced by tidal effects from sea, in the bays,
estuaries, rivers, creeks, backwater, lagoons, ponds connected
to the sea or creeks and the like. vdj; njuptpf;fg;gl;Ls;sJ.
,e;Neu;tpy; khg;gps;isA+uzp fpuhkk;> Gy vz; 158/1 -d;
epykhdJ flw;fiu fl;Lg;ghl;L gFjpapy; (CRZ) 100
kPl;lUf;Fs; mikfpwJ vd;w tpguj;ij
njuptpj;Jf;nfhs;fpNwd;.”
12.From the reading of written communication of the third
respondent/District Collector, it makes it very clear that the suit property
bearing S.No.158/1 comes under the CRZ area and when the land comes
under the CRZ area, as per the notification issued by the Ministry of
Environment, Forest and Climate Change of India, no such construction
could be undertaken. Therefore, since admittedly, the suit property selected
by the respondents for construction and allotment houses for the landless
poor comes under CRZ zone, the same cannot be proceeded further.
13.Recording the above communication of the third
respondent/District Collector, the Second Appeal is disposed of with a
direction that the respondents shall identify an alternate place to the suit
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property in S.No.158/1 as per the prevailing scheme and proceed with the
scheme of construction of houses to the eligible persons, including the
plaintiffs, if they are otherwise eligible, in an expeditious manner, as already
nearly seven years have lapsed due to the pendency of the above civil
proceedings. No costs. Consequently, connected miscellaneous petition is
closed.
30.06.2025
Internet :Yes/No
Index :Yes/No
NCC :Yes/No
cmr
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To
1.The Subordinate Judge, Thoothukudi.
2.The Principal District Munsif Judge, Thoothukudi.
3.The Tahsildar,
Thoothukudi Taluk,
Thoothukudi.
4.The President,
Tamil Nadu Slum Clearance Board,
Tirunelveli Zone, Tirunelveli.
5.The District Collector,
The State of Tamil Nadu,
Thoothukudi.
6.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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G.ARUL MURUGAN, J.
cmr
Judgment made in
30.06.2025
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