M. Lalitha v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1 M.Lalitha 2 R.Bhagyalakshmi 3 K.Kannappan 4 R.Valliammal 5 R.Ranganathan 6 V.Gowri 7 M.Vanitha 8 R.Thulasingam 9 V.Rukmani 10 V.Seenuvasan 11 G.Pandurangan 12 K.Elumalai 13 M.Rajangam 14 R.Selvaraj 15 S.Jayasudha 16 K.Prabu 17 D.Manimegalai 18 N.Mary Thangam 19 R.Kesavan 20 L.Elizabeth
21 S.Rukmani 22 I.Malarvizhi 23 S.Jagan 24 N.Kaliyaperumal 25 A.Selvaraj 26 K.Krishnaveni 27 N.Vijayalakshmi 28 P.Amutha 29 G.Ayyappan 30 V.Ayyanar 31 M.Lakshmi 32 R.Sundharamoorthy 33 R.Poongavanam 34 A.Radha 35 R.Thayarammal 36 P.Gnanaprakasam 37 P.Kamala 38 S.Kumari 39 K.Vinayagam 40 K.Arumugam 41 K.Natarasan 42 R.Natarasan 43 V.Ganesan 44 R.Ramamoorthy 45 R.Vijaya 46 R.Mangalakshmi 47 M.Bakkiyam 48 S.Maheswari 49 P.Babu 50 D.Meerabai 51 N.Sathiya ..
Petitioners v
1 The Secretary to Government Revenue Department Secretariat, Fort St.George Chennai 600 009 2 The District Collector Villupuram District Villupuram 605 602 3 The Tahsildar Villupuram Taluk V Villupuram 605 602 4 The Executive Engineer Public Works Department (WRO) Villupuram 5 The Assistant Engineer Public Works Department (WRO) Villupuram ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from acting upon the eviction notices dated 28.04.2022 issued by the 5th respondent and evicting the petitioners from the land under their respective domicile, comprised in Survey No.299 / 4 & 5 of V.Marudhur Village, Villupuram until the 1st respondent passes orders on the application dated 13.08.2022 made by the petitioners through their association by name "Villupuram K.K. Road Rajiv Gandhi Nagar Residents Welfare Association" seeking alienation to them for fair price the respective lands under their domicile. For Petitioners ::
Mr.S.Rajendiran
For Respondents ::
Mr.P.Muthukumar State Government Pleader for R1 to R5
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) W.M.P.No.33718 of 2022 seeking permission to file a single writ petition stands allowed, as the Court fee has been paid in full.
2. The petitioners have come to this Court seeking the following prayer:- "To issue a writ of mandamus, forbearing the respondents from acting upon the eviction notices dated 28.04.2022 issued by the 5th respondent and evicting the petitioners from the land under their respective domicile, comprised in Survey No.299 / 4 & 5 of V.Marudhur Village, Villupuram until the 1st respondent passes orders on the application dated 13.08.2022 made by the petitioners through their association by name "Villupuram K.K. Road Rajiv Gandhi Nagar Residents Welfare
Association" seeking alienation to them for fair price the respective lands under their domicile."
3. But we are not inclined to entertain the writ petition, for the following reasons. Firstly, a perusal of the impugned notices dated 28.04.2022 issued in Form-III under Rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 by the fifth respondent would clearly show that the petitioners have encroached the water body. Therefore, action has been rightly taken for removal of the encroachments from the water body, which cannot be found fault with. Secondly, the writ petition has been filed after eight months from the date of issuance of the Form-III notices. Therefore, the writ petition stands dismissed. Consequently, W.M.P.No.33719 of 2022 is also dismissed. There shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 22.12.2022 ss
To 1 The Secretary to Government Revenue Department Secretariat, Fort St.George Chennai 600 009 2 The District Collector Villupuram District Villupuram 605 602 3 The Tahsildar Villupuram Taluk V Villupuram 605 602 4 The Executive Engineer Public Works Department (WRO) Villupuram 5 The Assistant Engineer Public Works Department (WRO) Villupuram
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
ss 22.12.2022