Mrs.Rukku v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2017

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.2374 of 2017 Rukku ... Petitioner Vs.

1. The District Collector Chengalpattu,

2. The Tahsildar Chengalpattu Taluk

3. The Revenue Inspector Vandalur Sub Division Chengalpattu ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorari calling for the records pertaining to the order of the 1st respondent in Na.Ka.No.9648/2016/Aa1, dated 05.01.2017 confirming the Notice of the 2nd Respondent dated 09.12.2016 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and the Notice of the 3rd Respondent dated 24.11.2016 under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 insofar as the land and house situated at No.7, VOC Street, Thiruvalluvar Nagar in S.No.164C, Rathinamangalam Village, Chengalpattu Taluk, Kancheepuram District admeasuring 3 Cents is concerned and quash the same.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.T.N.Rajagopalan Special Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) On our query, it is conceded that the area in question in respect of which notice was issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and then under Section 6 of the said Act and the appeal filed by the petitioner was dismissed on 5.1.2017, is categorized in the revenue records as water area.

2. In view of the Full Bench judgment of this Court in T.K.Shanmugam v. The State of Tamil Nadu, 2015 WLR 1029, neither can the revenue entries be changed nor the petitioner can have a right to continue to occupy water areas.

3. In view thereof, no infirmity can be found with the impugned order.

4. The learned Special Government Pleader also points out that there is misrepresentation in the petition. The Tamil version of the Electricity Charges Card does not contain address, but in the English translation address has been interpolated to tally with the address in the petition, which is a misrepresentation. This ground alone, in fact, dis-entitles the petitioner for any relief on account of misrepresentation and clearly shows that the petitioner is not a resident in respect of the property where she is claiming rights. This writ petition is dismissed. No costs. Consequently, W.M.P.Nos.2361 and 2362 of 2017 are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sasi To:

1. The District Collector Chengalpattu,

2. The Tahsildar Chengalpattu Taluk

3. The Revenue Inspector Vandalur Sub Division Chengalpattu +1cc to the Government Pleader, S.R.No.6461 W.P.No.2374 of 2017 SCD(CO) CA(09/02/2017)