waterbody, it cannot be reclassified, so as to allot pattas, otherwise, the danger of facing floods and drought, would be apparent on the face of the record. With the aforesaid, this petition is closed. There will be no order as to costs. Consequently, WMP Nos.19777 of 2022 and 19775 of 2022 are closed. (M.N.B., CJ.)     (N.M., J.). Aag j ravinthiren

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:   08.08.2022

CORAM :

THE HON’BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON’BLE MRS.JUSTICE N.MALA

W.P.No.20669 of 2022

  1. Sasikala
  2. Anitha
  3. Dhanalakshmi
  4. Hemavathi
  5. Vinothkumar
  6. Dinesh
  7. Baskar
  8. Kasiyammal
  9. Suguna
  10. Renuga
  11. Manikandan
  12. Geetha
  13. Meenakshi
  14. Ammu

15.K.B.Balaji

  1. Hariparaipoorani
  2. Durga
  3. Geetha
  4. Vasantha
  5. Srinivasan
  6. Elumalai
  7. Manju
  8. Sivalingam
  9. Chithra

25.M.S.Thirunavukarasu

26.S.Rangan 27.M.Raja

  1. Ponrani
  2. Gowrishankar
  3. Vajravelu
  4. Nirmala
  5. Vijayalakshmi
  6. Dhanalakshmi
  7. Rasammal
  8. Kanimozhi
  9. Ganapathi
  10. Jayanthi
  11. Saravanan
  12. Chitra
  13. Kayalvizhi
  14. Priya
  15. Saroja
  16. Sumathi
  17. Lokidoss
  18. Kothandan
  19. Sankar
  20. Venkatesan
  21. Dhatchayini
  22. Vijayakumar
  23. Baskar
  24. Janaki

52.Loganathan

  1. Saradha
  2. Sangeetha
  3. Mohan
  4. Lakshmi
  5. Devi
  6. Subalakshmi
  7. Ammu
  8. Pushpa
  9. Muniyandi
  10. Muniyappan
  11. Kavitha
  12. Padmavathy
  13. Shanmuga Udayar …    Petitioners versus

1.The Principal Commissioner,

Land Administration, Chepauk, Chennai 5

2.The District Collector, Kancheepuram District

3.The Block Development Officer, Kundrathur Panchayat Union, Kancheepuram District.

4.The Tahsildar, Kudnrathur Taluk, Kancheepuram District.

5.The Engineer-in-chief,

Water Resources Department,

Public Works Department, Chepauk, Chennai 5

6.The Assistant Engineer,

Water Resources Department,

Public Works Department, Sriperumbudur

7.The Assistant Engineer,

Water Resources Department,

Public Works Department,

Nariambakkam Village,

Padappai        … Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to reclassify the land situated at S.No.40, Nariyambakkam Village, Sriperumpudur Taluk, Kancheepuram District from Vaikkal Promboke to Village Natham and take appropriate action for issuance of patta to the petitioners by disposing written representation made by the petitioners on 14.06.2022.

For the Petitioners      :  Mr.C.Prakasam

For the Respondents    : Mr.J.Ravindran,

Additional Advocate General assisted by Mr.A.Selvendran,

Special Government Pleader

ORDER

(Order of the Court was made by the Hon’ble Chief Justice)

The writ petition has been filed to seek a direction on the first respondent to reclassify the land situated in S.No.40, Nariyambakkam Village, Sriperumpudur Taluk, Kancheepuram District. The prayer aforesaid is made in reference to the previous action of the respondents where part of the land was reclassified as natham, and otherwise, on the land belonging to the canal, a school has been constructed. In view of the above, the prayer is made to accept the representation made by the petitioners to reclassify the land of the canal for issuance of patta in favour of the petitioners. It is for the

reason that for the last 50 years, the canal is not operating.

  1. We have considered the submissions made by learned

counsel for the petitioners and perused the records.

  1. The prayer for reclassification is made admittedly with reference to the land of the canal. The prayer aforesaid cannot be accepted and it cannot be based on illegalities, if any, committed by the respondents. If the respondents have constructed a school on the land belonging to the canal, the petitioners cannot claim

reclassification of the land based on the aforesaid illegality. It cannot be even in reference to the previous action to reclassify the land of the canal as ‘natham’. Such illegalities cannot be made bases to claim a right, otherwise it would be nothing but to seek perpetuation of the illegalities, if any, committed by the respondents. It is settled law that claim can be made based only on the legal rights and not based on the illegalities committed by the respondents or Government

functionaries. In the light of the aforesaid, we do not find a case for acceptance of the prayer for reclassification of the land for issuance

of patta in favour of the petitioners.

  1. Before parting with the judgment, it would be relevant to refer to the various events by which waterbodies in the State of Tamil Nadu have been encroached and because of that, it is not only affecting the environment but also the people and other livestock. When there is a reasonable rainfall; which feeds the waterbodies where water can be stored, on account of the encroachments, it results in flood. In contrast, there may be drought in absence of any place left in the waterbodies to accumulate the water. Both these events in contrast happen on account of the encroachments in the waterbodies throughout the State of Tamil Nadu. This Court has passed orders from time to time to remove the encroachments, and

in this petition, we further direct that if the land belongs to canals or

a waterbody, it cannot be reclassified, so as to allot pattas, otherwise, the danger of facing floods and drought, would be

apparent on the face of the record.

  1. With the aforesaid, this petition is closed. There will be no order as to costs. Consequently, WMP Nos.19777 of 2022 and 19775

of 2022 are closed.

(M.N.B., CJ.)     (N.M., J.)

08.08.2022

Index : Yes/No tar

To:

1.The Principal Commissioner,

Land Administration, Chepauk, Chennai 5

2.The District Collector, Kancheepuram District

3.The Block Development Officer, Kundrathur Panchayat Union, Kancheepuram District.

4.The Tahsildar, Kudnrathur Taluk, Kancheepuram District.

5.The Engineer-in-chief,

Water Resources Department,

Public Works Department, Chepauk, Chennai 5

6.The Assistant Engineer,

Water Resources Department,

Public Works Department, Sriperumbudur

7.The Assistant Engineer,

Water Resources Department,

Public Works Department,

Nariambakkam Village,

Padappai

M.N.Bhandari, CJ. and         N.Mala, J.

(tar)

 

W.P.No.20669 of 2022

 

08.08.2022

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