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
- Sasikala
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- Hemavathi
- Vinothkumar
- Dinesh
- Baskar
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15.K.B.Balaji
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- Manju
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25.M.S.Thirunavukarasu
26.S.Rangan 27.M.Raja
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52.Loganathan
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- Devi
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- Ammu
- Pushpa
- Muniyandi
- Muniyappan
- Kavitha
- Padmavathy
- 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.
- We have considered the submissions made by learned
counsel for the petitioners and perused the records.
- 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.
- 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.
- 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