Nallammal v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2019 CORAM :
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.7606 of 2019 and W.M.P.No.8243 of 2019 Nallammal .. Petitioner v.
1.The Principal Secretary, Revenue Department, St. George Fort, Chennai - 600 009.
2.The District Collector, Perambalur District, Perambalur.
3.The Revenue Divisional Officer, Perambalur, Perambalur District.
4.The Tahsildar, Kunnam Taluk, Perambalur District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of certiorari calling for the records relating to the proceedings dated 18.11.2000 in Na.Ka.A4/29287/98 for subdivision and reclassification water body lands in Survey No.88 at Nannai Village, Kunnam Taluk, Perambalur District issued by the 2nd respondent and quash the same.
For Petitioner : Mr.S.Ganesan For Respondents: Mr.V.Jayaprakash Narayanan, Government Pleader (i/c)
O R D E R
(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition as Public Interest Litigation to issue a Writ of Certiorari to call for the records relating to the proceedings dated 18.11.2000 for
subdivision and reclassification water body lands in Survey No.88 at Nannai Village, Kunnam Taluk, Perambalur District issued by the 2nd respondent and to quash the same.
2. It is the case of the petitioner that in respect of the encroachment made in the water body in Survey No.88 , the petitioner has filed a Writ Petition in W.P.No.29809 of 2013 and this Court, by Order dated 20.11.2013, directed the official respondents to consider the petitioner's representation dated 24.09.2013, within a time frame. Now the petitioner has stated that he came to now that the land in Survey No.88 was reclassified and subdivided in favour of some persons. Therefore, the petitioner sought to quash the proceedings dated 18.11.2000, whereby, the land in Survey No.88 was reclassified and subdivided and the 2nd respondent directed the 4th respondent to make changes in the concerned village and block office accounts and send copies of the village accounts along with a separate detailed report for issuing the residential land patta.
3. Though the Government Order was issued as early as on 18.01.2000, the petitioner has challenged the same after a lapse of more than 18 years. The petitioner has not explained the reasons for the laches in the affidavit filed in support of the petition.
4. In these circumstances, the Writ Petition is liable to be dismissed similarly on the ground of laches. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Rj To 1.The Principal Secretary, Revenue Department, St. George Fort, Chennai - 600 009.
2.The District Collector, Perambalur District, Perambalur.
3.The Revenue Divisional Officer, Perambalur, Perambalur District.
4.The Tahsildar, Kunnam Taluk, Perambalur District.
+1cc to Mr.S.Ganesan, Advocate sr.no.26683 +1cc to Government Pleader sr.no.26781 W.P. No.7606 of 2019 and W.M.P.No.8243 of 2019 jp(co) nr 03/05/2019