K.Devadoss v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP Nos.19774 to 19776 of 2023
1. K.Devadoss
2. E.Kabali
3. N.Ethiraj
4. V.Shanmugam
5. S.Gajendran
6. C.Indra
7. A.Natarajan
8. S.Anjali
9. A.Loganathan 10.K.Chandrasekaran 11.R.Thangapandiammal 12.R.Vasugi 13.V.Rathinavalli 14.S.Rukmani 15.V.Shanmugam 16.V.Sudhakar 17.P.Saroja 18.R.Amudha 19.P.Alamelu 20.K.Sundari 21.V.Amsa 22.M.Elumalai 23.A.Pushpa 24.K.Govindasamy 25.M.Dhanasekaran 26.J.Seenivasan
27.Jamuna 28.K.Omana Bai 29.K.Subramani 30.A.Kanaga 31.A.Rajeshwari 32.E.Malliga 33.M.R.Rajendran 34.A.Thirunavukkarasu 35.S.Balaraman 36.S.Nagammal 37.G.Babi 38.M.Sivakumar 39.S.Saradha 40.A.Rani 41.Ponnammal 42.Thenmozhi .. Petitioners -vs1. The Government of Tamilnadu, rep. by the Additional Chief Secretary, Revenue Department, Fort St. George, Chennai 600 009.
2. The Engineer-in-Chief, Water Resources Organisation, Chepauk, Chennai 600 005.
3. The Collector, Chennai District, Chennai.
4. The Tahsildar, Velachery, Chennai.
5. The Junior Engineer, Irrigation Section, Water Resources Organisation, Padappai 601 301.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned Form-III eviction orders issued to the petitioners by the 5th respondent dated 8.6.2023 and quash the said orders and direct the respondents to consider granting Patta for the petitioners' lands as directed by the Hon'ble Division Bench of this Court in W.P.No.7964 of 2009 dated 28.04.2009. For the Petitioners :
Mr.P.Rajendran For the Respondents :
Mr.P.Muthukumar, State Government Pleader * * * * *
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.P.Rajendran, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.
2. The learned counsel for the petitioners submits that the petitioners are residing in the writ site for more than 40 years. They are entitled to the benefit of the Government Order dated 30.12.2006 and 31.03.2008.
3. If some encroachment is made on the waterbody, the same cannot be regularised. In similar matters relating to the same property, we have passed orders. The petitioners and the respondents in the present writ petition also would be bound by the same order passed on 11.07.2023 in W.P.No.19282 of 2023 with connected writ petitions.
4. The petitioners shall remain present in the office of the Tahsildar, Velachery at 11.00 a.m. on 26.07.2023. Thereafter, the Tahsildar shall conduct the survey on the said date. In the light of that, no service of notice to the petitioners would be necessary. If for some reason survey cannot be conducted on 26.07.2023, then on any further date with due intimation of the date to the petitioners, survey would be conducted. Depending upon the survey conducted, the parties may take further steps.
The writ petition is, accordingly, disposed of. There will be no order as to costs. W.M.P.No.19774 of 2023 filed to permit the petitioners to file a single writ petition is allowed and disposed of,
inasmuch as they have paid separate sets of court fee. Consequently, other connected miscellaneous petitions are closed. (S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index : yes/no : Yes/No sra To:
1. The Additional Chief Secretary, Government of Tamilnadu, Revenue Department, Fort St. George, Chennai 600 009.
2. The Engineer-in-Chief, Water Resources Organisation, Chepauk, Chennai 600 005.
3. The Collector, Chennai District, Chennai.
4. The Tahsildar, Velachery, Chennai.
5. The Junior Engineer, Irrigation Section, Water Resources Organisation, Padappai 601 301.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) 12.07.2023