A.Sekar, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2017 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. Nos.44512 to 44518 of 2016 and W.M.P.Nos.38325 to 38338 of 2016 A.Sekar ... Petitioner in WP.44512/2016 E.Murugan ... Petitioner in WP.44513/2016 K.Velayutham ... Petitioner in WP.44514/2016 J.Punithavel ... Petitioner in WP.44515/2016 R.Lakshmi ... Petitioner in WP.44516/2016 K.Malar ... Petitioner in WP.44517/2016 V.Velan ... Petitioner in WP.44518/2016 -Vs1. The District Collector, Kanchipuram District.
2. The Tahsildar, Pallavaram Taluk Office, Kanchipuram District.
3. The Assistant Engineer, Public Works Department, W.R.D. Adayar Irrigation Work, St. Thomas Mount, Chennai.
4. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai.
... Respondents in all W.Ps.
W.P.No.44512 of 2016 filed under Article 226 of the No.136, 2nd street, Shanthi Nagar, Anagaputhur, Pallavaram Taluk, Kanchipuram District and for consequential relief thereof.
W.P.No.44513 of 2016 filed under Article 226 of the No.136, 5th street, Shanthi Nagar, Anagaputhur, Pallavaram Taluk, Kanchipuram District and for consequential relief thereof. W.P.No.44514 of 2016 filed under Article 226 of the No.136, 1st street, Shanthi Nagar, Anagaputhur, Pallavaram Taluk, Kanchipuram District and for consequential relief thereof. W.P.No.44515 of 2016 filed under Article 226 of the No.178, First street,Moogambikai Nagar, Anagaputhur, Pallavaram Taluk, Kanchipuram District and for consequential relief thereof. W.P.No.44516 of 2016 filed under Article 226 of the possession and enjoyment of her property situated at Survey No.136, 4th street, Shanthi Nagar, Anagaputhur, Pallavaram Taluk, Kanchipuram District and for consequential relief thereof. W.P.No.44517 of 2016 filed under Article 226 of the No.178, First street,Moogambikai Nagar, Anagaputhur, Pallavaram Taluk, Kanchipuram District and for consequential relief thereof.
W.P.No.44518 of 2016 filed under Article 226 of the No.136, 5th street, Shanthi Nagar, Anagaputhur, Pallavaram Taluk, Kanchipuram District and for consequential relief thereof. For Petitioner :
Mr.V.T.Balaji For Respondents :
Mr.M.K.Subramanian Government Pleader for RR 1 to R3 Mr.K.Rajasrinivas for R4 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The learned Government Pleader concedes that the process of enquiry as envisaged in the judgment of the Division Bench in T.S.Senthil Kumar v. The Government of Tamil Nadu and others, (2010) 3 MLJ 771, has admittedly not been followed in the present cases. He, however, submits that the scope of enquiry is limited to the extent whether it is patta land and/or whether it is a water body.
2. It is nobody's case that pattas have been issued in respect of these lands. Thus, the scope of enquiry is limited to the extent whether the area is a water body and covered under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 or not.
3. Thus, it is agreed that the notices impugned in the present writ petitions, which have been received by the individual petitioners, will be treated as a notice to show cause and they may file their reply within fifteen days with material to establish that the area in question is not a water body covered under the provisions of the said Act. An enquiry would be held and thereafter appropriate orders passed by the competent authority within a maximum period of one month thereafter. Naturally, till the enquiry is not completed, no coercive process will be taken and in case the verdict is against the petitioners, for a period of two weeks after communication of the order to the petitioners.
4.These petitions stand disposed of accordingly. No costs. Consequently, W.M.P.Nos.38325 to 38338 of 2016 are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr To
1. The District Collector, Kanchipuram District.
2. The Tahsildar, Pallavaram Taluk Office, Kanchipuram District.
3. The Assistant Engineer, Public Works Department, W.R.D. Adayar Irrigation Work, St. Thomas Mount, Chennai.
4. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai.
+1cc to Mr.K.Rajasrinivas, Advocate, S.R.No.110 +7cc's to Mr.V.T.Balaji, Advocate, S.R.No.279 +1cc to the Government Pleader, S.R.No.123 W.P.Nos.44512 to 44518 of 2016 KJI(CO) CA(11/01/2017)