M.Panchanathan v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP Nos.9952, 9963, 9972, 9974, 9977, 9961, 9964, 9965, 9967, WP No.9952 of 2023 M.Panchanathan ...

Petitioner versus 1.Government of Tamil Nadu Rep by its Secretary Public Works Department Fort St. George, Secretariat, Chennai- 600 009.

2.The District Collector Office of the District Collectorate Chengalpet District, Chengalpet.

3.The Junior Engineer Public Works Department Water Resources Organisation Government of Tamil Nadu Irrigation Division, Padappai- 601 031.

...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for records pertaining to the

issue of notice for the removal of encroachment dated 02.03.2023 duly issued by the Junior Engineer, Public Works Department, Water Resources Organisation, Irrigation Division, Padappai-601301, in connection with the petitioner's property comprised in Door No.92 Anna Street, North Sanjay Gandhi Nagar, Pallavaram, Chennai- 43 within survey No.385.

For the Petitioner :

Mr.D.Ashok Kumar For the Respondents :

Mr.P.Muthukumar, State Government Pleader COMMON ORDER (Made by the Hon'ble Acting Chief Justice) Mr.Panchanathan and nine others have filed separate writ petitions challenging the show cause notice dated 02.03.2023, issued by the third respondent, calling upon the petitioners to remove the encroachment from the land covered in S.No.432, Ward 'B', Block 45, T.S.No.13, Jamin Pallavaram-2 Village, Pallavaram Circle, Chengalpat District.

2. Learned counsel for the petitioners in all these writ petitions submitted that none of the petitioners are living in the land covered in S.No.432, Ward 'B', Block 45, T.S.No.13, Jamin Pallavaram Village-2, Pallavaram Circle, Chengalpat District. On the other hand, they are living only in the land covered in S.No.385, which is a patta land.

Learned counsel also submitted a copy of the patta, but we are unable to read it, since it is an illegible copy. Even the Government Pleader could not read it.

3. Be that as it may, when the petitioners make a claim that the impugned show cause notice calling upon them to vacate from the land covered in S.No.432 has nothing to do with them as they are all living in S.No.385, a direction may be given to the respondents not to disturb the petitioners, as they have not encroached any land. 4.

Mr.P.Muthukumar, learned State Government Pleader, submitted that the order impugned is merely a show cause notice. The petitioners have got two options: (i) if the petitioners are not living in the land covered in S.No.432, they can ignore the show cause notice, and no action would be taken against them and they can even discard the show-cause notice (ii) if they are living in S.No.432, which according to the them is not an yeri or waterbody, but it is only patta land, they should give a detailed representation, with supporting documents, showing that their possession and enjoyment cannot be disturbed.

5. This Court is of the view that since the learned counsel for the petitioners has categorically submitted that all the petitioners are residing only in patta land in S.No.385 and none of them are living in the land covered in S.No.432, the writ petitions are dismissed, directing the respondents to remove the encroachment only from the waterbody in S.No.432. If only the respondents are of the view that the petitioners are in S.No.432, encroaching the waterbody, final orders be passed in accordance with law and proceed further.

6. There will be no order as to costs. Consequently, WMP Nos.10003, 10008, 10010, 10012, 10014, 10017, 10020, 10026, 10029, 10034 of 2023 are closed.

(T.R., ACJ.) (D.B.C., J.) 31.03.2023 Index : Yes/No : Yes/No tar Office to note:

Issue copy by 03.04.2023.

To 1.The Secretary Public Works Department Fort St. George, Secretariat, Chennai- 600 009.

2.The District Collector Office of the District Collectorate Chengalpet District, Chengalpet.

3.The Junior Engineer Public Works Department Water Resources Organisation Government of Tamil Nadu Irrigation Division, Padappai- 601 031.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 31.03.2023