Madras High Court
J. Sanjeevi vs The District Collector on 24 March, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.Nos.9423 of 2025 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI
W.P.Nos.9423, 9632, 9635, 9637, 9646, 9651, 9652, 9654,
9656,9660, 9682, 9686 and 9688 of 2025
and
W.M.P.Nos.10587, 10796, 10802,10806,
10818,10822,10827,10830,10839, 10864, 10866 and 10868 of 2026
J. Sanjeevi Petitioner in WP No.9423/2025
R. Gowthaman Petitioner in WP No.9632/2025
S. Selvi Petitioner in WP No.9635/2025
N. Sathasivam Petitioner in WP No.9637/2025
R. Jaya Petitioner in WP No.9646/2025
J. Sanjeevi Raman Petitioner in WP No.9651/2025
K. Nedunchezhian Petitioner in WP No.9652/2025
S. Sathishkumar Petitioner in WP No.9654/2025
D. Appunraj Petitioner in WP No.9656/2025
Balasubramaniyan Petitioner in WP No.9660/2025
R. Baskaran Petitioner in WP No.9682/2025
B. Surendran Petitioner in WP No.9686/2025
M. Anbumani Petitioner in WP No.9688/2025
vs.
1. The District Collector
Cuddalore District
2. The Tahsildar
Chidambaram Taluk
Chidambaram 608 001
3. The Executive Engineer (WRO)
Public Works Department
Chidambaram 608 001
Page Nos.1/34
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4. The Assistant Engineer (WRO)
Public Works Department
Kansahib Canal Section
Chidambaram 608 001 Respondents in all WPs
Writ Petitions filed under Article 226 of the Constitution of India
seeking a writ of certiorarified mandamus to call for the records
relating to the impugned order passed by the first respondent in
Na.Ka.V3/8287537/2024 dated 11.07.2024 and quash the same
insofar as rejection of petitioners' representations dated 04.04.2022
for issuance of patta and consequently, direct the first respondent to
issue patta to the petitioners in surplus land measuring 378 cents by
'sub-division and re-classifying' T.S.No.1140 into Grama Natham on a
par with other 24 residents who were already given patta.
For petitioner in
all WPs Mr. C.D. Johnson
For respondents in Mr. T.K. Saravanan
all WPs Additional Government Pleader
COMMON ORDER
[made by M.SUNDAR, J.]
Captioned main 'writ petitions' (hereinafter 'WPs' for the sake of
brevity) have been filed by 13 different individuals with identical
prayer wherein inter alia an 'order dated 11.07.2024 bearing reference
Na.Ka.V3/8287537/2024 made by R1 (District Collector)' {hereinafter
'impugned order' for the sake of convenience and clarity} has been
assailed. This is the certiorari limb of the prayer. Mandamus limb of
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the prayer seeks a direction to R1 to issue patta to the writ petitioners
qua T.S.No.1140, Block No.17, Ward No.4, Chidambaram Town (To be
noted, the abbreviation 'T.S.' denotes 'Town Survey').
2. Mr. C.D. Johnson, learned counsel for writ petitioners in all
13 captioned main WPs, submitted that owing to the impugned order,
the writ petitioners are under pain of imminent
eviction/dispossession/demolition without being given an opportunity.
3. Issue notice to the respondents.
4. Mr. T.K. Saravanan, learned Additional Government
Pleader, accepted notice for all four respondents and submitted, on
instructions, that writ petitioners are encroachers in a water body
within the meaning of 'Tamil Nadu Protection of Tanks and Eviction of
Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)', following
T.S.Senthil Kumar principle laid down by another Hon'ble Division
Bench vide T.S.Senthil Kumar vs. Government of Tamil Nadu
reported in (2010) 3 MLJ 771: 2010 Writ LR
113:MANU/TN/0281/2010 and T.K.Shanmugam principle laid
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down by a Hon'ble Full Bench of this Court vide T.K.Shanmugam Vs.
State of Tamil Nadu reported in 2015 (5) LW 397
reiterating/affirming T.S. Senthil Kumar principle, writ petitioners
have been show caused vide 'show cause notices' (hereinafter 'SCNs'
for the sake of brevity) dated 01.03.2025, the writ petitioners have
responded to the same and the responses of the writ petitioners are
under active consideration of the State.
5. Owing to the limited legal perimeter within which the legal
drill qua captioned main WPs should perambulate, with the consent of
learned counsel on both sides, main WPs are taken up in the
Admission Board i.e., Motion List.
6. It is necessary (for better appreciation of this order) to set
out the trajectory the matter has taken thus far and the same is as
follows:
a. The genesis of the captioned WPs is identical
representations dated 04.04.2022 sent by writ petitioners
(hereinafter 'said representations' for the sake of
convenience and clarity). In and vide said representations,
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writ petitioners have categorically admitted that they built
houses in Vaaikkaal poramboke (Canal poramboke–
Government land), the same are likely to be removed and
on that basis, sought free house site pattas. The said
representations sent by the writ petitioners are identical
and one such representation, as placed before us in the
lead matter being W.P.No.15343 of 2024 is as follows:
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b. Close on the heels of aforementioned said
representations, R4 (Assistant Engineer, Water Resources
Organisation, Public Works Department) issued identical
notices dated 19.09.2023 and a scanned reproduction of
one such notice, as placed before us, in the lead matter is
as follows:
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c. Writ petitioners filed 14 writ petitions seeking
to mandamus R1 (District Collector) to consider the said
representations and the same came to be disposed of by a
common order dated 13.06.2024 made by this very Bench
and a reproduction of this order is as follows:
'IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.P.Nos.15343, 15300, 15310, 15313, 15315, 15320, 15323, 15326,15342,
15346, 15347, 15350, 15354 and 15355 of 2020
and
W.M.P.Nos.16664, 16625, 16638, 16641, 16642, 16648, 16649, 16650, 16665,
16666, 16668, 16673, 16675 and 16679 of 2024
in
W.P.Nos.15343, 15300, 15310, 15313, 15315, 15320, 15323, 15326,15342,
15346, 15347, 15350, 15354 and 15355 of 2020
J.Sanjeevi
W/o.K.Jayaraman ... Petitioner
Vs.
1. The District Collector
Cuddalore District.
2. The Tahsildar
Chidambaram Taluk
Chidambaram - 608 001.
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3. The Executive Engineer (WRO)
Public Works Department
Chidambaram - 608 001.
4. The Assistant Engineer (WRO)
Public Works Department
Kansahib Canal Section
Chidambaram - 608 001. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, to direct the first respondent to consider the
representation of petitioner dated 04.04.2022 and issue patta to the petitioner's
land as issued to other plots in the same street by the proceedings of DRO,
Cuddalore.
For Petitioner in all WPs :
Mr.C.D.Johnson
For Respondents in all WPs :
Mr.A.Selvendran
Special Government Pleader
COMMON ORDER
[Order of the Court was made by M.SUNDAR, J.,]
This common order will now dispose of the captioned 14 'Writ Petitions'
{hereinafter 'WPs' in plural and 'WP' in singular for the sake of brevity} and
captioned 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' in plural and 'WMP'
in singular for the sake of brevity} thereat.
2. Mr.C.D.Johnson, learned counsel on record for writ petitioners in all 14
WPs are before us.
3. WPs have been filed with prayers for mandamus simplicitor qua
identical representations dated 04.04.2022 sent to R1 (jurisdictional District
Collector) by writ petitioners.
4. In the hearing, Mr.C.D.Johnson, learned counsel wanted us to treat
W.P.No.15343 of 2024 as the lead matter. Therefore, we took up WP.No.15343 of
2024 (to be noted, J.Sanjeevi, Wife of K.Jayaraman, is the writ petitioner).
5. Aforementioned identical '04.04.2022 representations' which constitute
the nucleus of the captioned WPs shall be referred to as 'said representations'
and a scanned reproduction of said representations as placed before us in the
said matter is as follows:
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6. Learned counsel affirms that identical representations have been sent
by all 14 writ petitioners.
7. Learned counsel also very fairly brought to our notice that notices
dated 19.09.2023 have been issued to all writ petitioners and notice issued to writ
petitioner in lead writ petition i.e., W.P.No.15343 of 2024 is as follows:
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8. Aforementioned notice refers to Rule 6(1) and Form III but does not
mention the title qua Rules or parent Act vide which it has been issued.
9. Issue notice to respondents in all 14 WPs.
10. Mr.A.Selvendran, learned Special Government Pleader accepts notice
for all official respondents in all 14 WPs.
11. Mr.A.Selvendran, learned State counsel submits that Rule 6(1) and
Form III mentioned in the aforementioned 19.09.2023 notice refers to Rule 6(1) of
'Tami Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007'
{hereinafter 'said Rules' for the sake of brevity} which is a piece of Subordinate
Legislation having been made by Executive Arm in exercise of Rule making
power vide Section 13(1) of 'Tamil Nadu Protection of Tanks and Eviction of
Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'said Act' for the
sake of brevity}.
12. Learned State counsel also brought to our notice an order dated
13.10.2022 made by 'National Green Tribunal, Southern Zone, Chennai'
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{hereinafter 'NGT' for the sake of brevity} in O.A.No.125 of 2021 (SZ) and another
order dated 20.06.2023 made by another Hon'ble Division Bench in W.P.2295 of
2023.
13. Considering the limited scope of captioned WPs, main WPs were
taken up in the Admission Board, with the consent of both sides. In the
aforementioned order of NGT and another order of Division Bench dated
20.06.2023, more particularly, order dated 20.06.2023, a tabulation given by the
State refers to different kinds of water bodies. Under the said Act, vide Section 2
of said Act, we find that different kinds of water bodies have been defined and one
such water body defined under Section 2 of said Act is 'Tank' vide Clause (l) of
Section 2 of said Act and we also find that Rule 6(1) of said Rules pertains to
'Land of the Tank'. To be noted 'land' also has been defined vide clause (g) of
Section 2 of said Act. In the tabulation extracted in 20.06.2023 order of Hon'ble
Division Bench, there is a reference to Vaikkal, Tank, Pond, Kulam, Kuttai, Drain
Canal, Stream etc., as regards area that has been described as 'Chidambaram
Non-Municipal'.
14. In this view of the matter, considering the peculiar facts and
circumstances of the case, making it clear that this case will not serve as
precedent in all the matters under said Act and said Rules, we direct R1
jurisdictional District Collector to consider the aforementioned said representation
on its own merits and in accordance with law and dispose of the same as
expeditiously as the business of R1 would permit but in any event within a
fortnight from today i.e., by 27.06.2024. Proceedings disposing of said
representation shall be communicated to learned counsel on record for all 14 writ
petitioners (for the sake of convenience) within five working days from the date of
disposal. To be noted, learned counsel for writ petitioners very fairly stated that
such service shall be treated as service on all writ petitioners in captioned WPs.
15. Subject to and depending on the nature of disposal of said
representations, if the disposal warrants further eviction procedure, the same shall
be taken in accordance with law being said Act and said Rules or any other
Statute dealing with removal of encroachment. In other words, it will be in
accordance with due process of law. Though obvious if the disposal is otherwise,
then proceedings will stand dropped for the present.
Captioned WPs disposed of in the aforesaid manner. Consequently,
captioned WMPs are disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.)
13.06.2024'
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A careful perusal of the aforementioned order makes it
clear that R1 has been mandamused to consider the said
representations and depending on the outcome, proceed in
accordance with law, i.e., by adhering to due process of
law;
d. Thereafter on 11.07.2024, R1 made the
impugned order bearing reference Na.Ka. V3/8287537 and
a scanned reproduction of the same is as follows:
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A careful perusal of the impugned order makes it clear
that R1 has taken up said representations pursuant to
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13.06.2024 order of this Bench, considered the same on
its own merits, in accordance with law inter alia by having
a site survey made, requisitioning and obtaining a report
of jurisdictional Sub Collector and made the impugned
order. In and by the impugned order, 11 out of 14 writ
petitioners (writ petitioners in W.P.No.15343 of 2024 etc.
batch which was disposed of by a common order dated
13.06.2024) have been held to be entitled to free house
site pattas and it has been made clear that alternative
sites for grant of such free house site pattas have also
been selected.
e. Post impugned order, R4 has issued a notice
dated 04.02.2025 and a scanned reproduction of the same
is as follows:
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f. Thereafter, 14 writ petitioners (writ petitioners
in W.P.No.15343 of 2024 etc. batch) approached this Court
by joining together and filing a single writ petition
(W.P.No.5725 of 2025) with a certiorarified mandamus
prayer. Certiorari prayer is qua aforementioned 04.02.2025
notice issued by R4 and the mandamus prayer,
interestingly and intriguingly, sought an enquiry to
ascertain the extent of the canal concerned as per revenue
records and as per the order of R1 dated 11.07.2024
impugned in the instant batch of captioned WPs.
g. The aforementioned W.P.No.5725 of 2025
came to be disposed of by this very Bench in and by order
dated 19.02.2025 inter alia setting aside 04.02.2025
notices issued by R4, with a direction to the authorities to
follow T.K. Shanmugam principle i.e., show causing the
petitioners and giving them an opportunity. In this order
dated 19.02.2025, it was made clear that the 04.02.2025
notices of R4 were set aside solely on the ground that T.K.
Shanmugam principle has not been followed and it was
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further made clear that it is open to the authorities to
issue notices afresh. As regards the mandamus limb qua
11.07.2024 order made by R1 (impugned order in the
instant batch of captioned WPs), it was left open.
7. This Court having set out the trajectory (capturing the
factual matrix of the case in a nutshell) which the matter has taken
thus far, now proceeds to embark upon the legal drill at hand.
8. Interestingly and intriguingly, writ petitioners who sought
to mandamus the authorities qua the impugned order of R1 vide
W.P.No.5725 of 2025 are now assailing the same by way of certiorari in
the captioned WPs. Writ petitioners seeking a mandamus qua
impugned order vide W.P.No.5725 of 2025 necessarily means writ
petitioners had accepted the impugned order. Writ petitioners have
now turned around and assailed the impugned orders. This, in our
considered view, is clearly impermissible.
9. Be that as it may, without delving further qua this
technicality, this Court also examined the equities of the matter. On
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equities, we find that 10 out of 13 writ petitioners who have
admittedly encroached upon a canal (public land) and built houses,
have been held to be entitled to free house site pattas. To be noted, in
the earlier two rounds of writ petitions, viz., W.P. Nos.15343 of 2024
and W.P.No.5725 of 2025, there were 14 writ petitioners and in the
captioned WPs, there are only 13 writ petitioners. One person who has
not come before this Court in the instant batch of captioned WPs is
Jayamani, wife of Jagannathan. In any event, Jayamani has also been
held to be entitled to free house site patta and Jayamani also has the
benefit of the alternative site that has been identified. Therefore, in
effect, 11 out of 14 writ petitioners have been held to be entitled to
free house site pattas. In this view of the matter, we find that equities
of the matter also stand satisfied.
10. Therefore, the judicial order dated 13.06.2024 made in
W.P.No.15343 of 2024 etc. batch has been duly complied with as
04.04.2022 representations have been considered on their own merits
and in accordance with law and 11 out of 14 petitions have been
acceded to. To be noted, adverting to the tabulation in the impugned
order, learned State counsel submitted, on instructions, that the three
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individuals, viz., Sanjeevi, Balasubramanian and Nedunchezhian (writ
petitioners in W.P.Nos. 9423, 9660 and 9652 of 2025 respectively) who
have been held to be not entitled to free house site pattas are those
who have been in Government service or spouse/father has been in
Government service. To be noted, the cases of two, viz., Sanjeevi and
Nedunchezhian, fall under the category of 'Government service'
(applicant/spouse/father) and Balasubramanian is an ex-service man.
The other limb is, pursuant to the second judicial order dated
19.02.2025 made in W.P.No.5725 of 2025, all the 13 writ petitioners
have been issued SCNs dated 01.03.2025 in accordance with
T.K.Shanmugam principle. When this Court refers to
'T.K.Shanmugam principle', it is a reference to sub sub-paragraphs (i)
to (iii) of sub-paragraph (f) of paragraph No.15 of T.K. Shanmugam
judgment which reads as follows:
'15. Certain provisions of Tank Act namely, Sections
4 to 10 were challenged in a Writ Petition with a prayer to
declare those provisions as null and void and contrary to
Article 14 of the Constitution of India on the ground that
those provisions confer upon the executive, unguided and
uncanalised discretionary power, since they denied to the
persons aggrieved an opportunity of being heard. The said
Writ petition was heard by a Division Bench to which one
of us (M.Sathyanarayanan,J.) was a party. The Division
Bench took note of the various decisions including the
decision in the case of Sivakasi Region Tax Payers
Association (supra), disposed of the Writ Petitions without
declaring the provisions of the Act as unconstitutional,
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since no opportunity is given and held that there is nothing
in the Act which excludes the principles of natural justice,
the Act (Tank Act) does not specifically indicate that the
encroachers do not have right to be heard and issued the
following directions vide judgment dated 10.02.2010,
reported in 2010 3 MLJ 771.
(a) ...................
(b)...................
(c)...................
(d)...................
(e)...................
(f)We uphold the Act, while we provide for observance of
principles of natural justice within the Act itself, as under.
(i) When the officer of the Public Works
Department publishes the notice in Form-II in the
notice boards of the offices of Village
Administrative Officer, Village Panchayat Office
and the Water Resources Organization, notice shall
also be issued to the alleged encroacher to the effect
that the survey indicates that the place in his/her
occupation is an encroachment and secondly, the
notice in Form-III of the Rules may be issued.
(ii) On receipt of the said notice, the
encroacher may give his/her objections relating to
the classification of the land in his/her occupation
and the nature of the encroachment within a period
of two weeks.
(iii) Thereafter, the authorities shall
consider the objections and pass appropriate
orders, in accordance with the provisions of the Act,
giving time to the encroachers to remove the
encroachment.'
11. Learned counsel for writ petitioners very fairly admitted
that all the writ petitioners have received aforereferred SCNs. Learned
counsel for writ petitioners also submitted that all the writ petitioners
have sent responses on 14.03.2025. As alluded to supra, learned State
counsel submitted that the responses of the writ petitioners are under
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active consideration of State and orders, on their own merits and in
accordance with law, will be made shortly. This means that the
T.K.Shanmugam principle has been adhered to, judicial order of this
Court dated 19.02.2025 has been complied with and most importantly,
writ petitioners have been put on notice and given an opportunity with
regard to removal of encroachments.
12. As regards the three writ petitioners who have been held
to be not entitled to free house site pattas (as either the applicants
themselves or their spouse/father or either retired Government
servant in two cases and retired from army in one case), we find no
reason to interfere with the impugned order.
13. Encroachments in water bodies are of serious nature and
the lead case in this regard is T.S. Senthil Kumar case. Relevant
paragraphs of said judgment read as follows:
'18. Considering the fact that we have adopted wet land
conservation policy which takes note of the environmental value
and functions of wet lands and the fact that they deserve to be
protected, the State may take steps to protect all water bodies
and not only tanks. In L. Krishnan's case MANU/TN/0660/2005 :
AIR 2005 Mad 311, this Court has referred to the judgment of
the Supreme Court in MANU/SC/0410/2001 : AIR 2001 SC
3215, where the maintenance of ecological balance has been
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highlighted and this Court has also specifically indicated that it is
imperative to see that water storage resources such as tanks,
odais, oranis, canals are not obliterated by encroachers. Right to
water is a part of life and, therefore, as observed by the
Supreme Court in Hinch Lal Tiwari v. Kamala Devi and Ors.
MANU/SC/0410/2001 : AIR 2001 SC 3215, demands of
economic development must be made without compromising the
natural resources of the earth which this generation holds in
trust for future generation. The order of inter-generational
equity has to be remembered and in fact in the Rio Declaration,
to which India is a party, it has been affirmed that
environmental protection constitutes an integral part of
sustainable development and cannot be isolated from it.
19. Persistent developmental activities, ignoring the need
to protect natural resources, have caused irreparable damage. It
is also necessary that the State shall not invoke Section 12 of
the Act which results in alienation of tank poramboke lands
citing "public interest". Protection of water resources is as much
as a public interest issue as any other requirement. The
Government may also bear in mind that water resources have to
be protected while issuing patta to persons who claim to have
resided in the same place for a number of years.
(underlining made by us for ease of reference)
14. We also notice that this is the third round of writ petitions
that have been filed in quick succession by the writ petitioners. This
Court concludes the matter hoping that this order would give a closure
to the matter giving way for a larger public cause i.e., removal of
encroachments in canal/water body, subject, of course, to orders to be
made by State considering responses to SCNs as equities qua writ
petitioners as well as legal requirements stand satisfied.
15. Ergo, the sequitur is, all the 13 captioned main WPs fail
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W.P.Nos.9423 of 2025 etc. batch
and the same are dismissed. Consequently, captioned writ
miscellaneous petitions thereat also perish with the captioned main
WPs and the same are also dismissed. There shall be no order as to
costs.
(M.S., J.) (K.G.T., J.)
24.03.2025
cad
Index : Yes/No
NC : Yes/No
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W.P.Nos.9423 of 2025 etc. batch
To:
1. The District Collector
Cuddalore District
2. The Tahsildar
Chidambaram Taluk
Chidambaram 608 001
3. The Executive Engineer (WRO)
Public Works Department
Chidambaram 608 001
4. The Assistant Engineer (WRO)
Public Works Department
Kansahib Canal Section
Chidambaram 608 001
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W.P.Nos.9423 of 2025 etc. batch
M.SUNDAR, J.
and
K. GOVINDARAJAN THILAKAVADI, J.
cad
Common order in
W.P.Nos.9423, 9632, 9635, 9637, 9646,
9651,9652, 9654, 9656,9660,
9682,9686 and 9688 of 2025
24.03.2025
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