Sheela v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.25251 of 2019 Sheela ... Petitioner Vs.

1.The District Collector, Kanjipuram District, Kanjipuram - 634 917.

2.The Thasildhar, Tambaram Taluk, Kanjipuram - 600 063.

3.Junior Engineer, W.R.D., Irrigation Section, Padappai, Kanjipuram - 631 050.

... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of mandamus, directing the respondent to grant the suitable compensation to the value of Rs.50,00,000/- to the petitioner on the representation dated 28.03.2019.

For Petitioner : Mr.A.Ashvathaman For Respondents : Mr.A.Selvendran Special Government Pleader Page No.1 of 5

O R D E R

(Order of the Court delivered by S.M.SUBRAMANIAM,J.) The relief sought for in the present writ petition is to direct the respondents to pay compensation to a sum of Rs.50,00,000/- to the petitioner by considering the representation dated 28.03.2019. 2.

The constructions made in the water bodies were removed by the Authorities competent by following the procedures. The petitioner was an encroacher put up unauthorised construction in the water bodies. Since the buildings were demolished, the present writ petition came to be filed seeking compensation.

3.

In the absence of any documents to establish that the subject land is a Patta land and stands in the name of the petitioner, the petitioner is not entitled to claim any compensation. If at all the petitioner claims title, he has to approach the competent Civil Court of law. Page No.2 of 5

4.

Mr.A.Selvendran, learned Special Government Pleader would submit that the petitioner was identified as an encroacher in the water body. Therefore, all unauthorised constructions were demolished and encroachers were evicted.

5.

This being the factum, the relief as such for in the present writ proceedings is unacceptable and consequently, the Writ Petition stands dismissed. No costs.

[S.M.S.J.] [K.R.S.J.] 22.02.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To 1.The District Collector, Kanjipuram District, Kanjipuram - 634 917.

2.The Thasildhar, Tambaram Taluk, Kanjipuram - 600 063.

3.Junior Engineer, Page No.3 of 5

W.R.D., Irrigation Section, Padappai, Kanjipuram - 631 050.

S.M.SUBRAMANIAM,J.

AND Page No.4 of 5

K.RAJASEKAR,J.

veda Order in 22.02.2024 Page No.5 of 5