V.Karunakaran v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2018 CORAM :
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.31820 of 2018 and W.M.P.Nos.37054 & 37056 of 2018 V.Karunakaran .. Petitioner v.
1 The State of Tamil Nadu Rep by its Secretary to Government Revenue (A1) Department Fort St. George Chennai - 600 009 2 The Tahsildar Maduravoyal Taluk Thiruvallur District 3 PUblic Works Department (Water Irrigation Management Department) Rep by its Junior Engineer Adyar Irrigation Division St.Thomas Mount Chennai - 600 016 4 Arulmigu Ramanathieswar Thirukovil Rep by its Executive Officer Porur, Chennai - 600 116 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus, calling for the record relating to the impugned Form III notice purported to be issued under Rule 6 (1) of Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 dated 17.11.2018 issued by the 3rd respondent, quash the same and forbear the respondents from any manner evicting or interfering with the right of the petitioner to live in the premises bearing Door No.11, 4th Street, West R.E.Nagar, Porur, Chennai 116 and to survey the said land.
For Petitioner : Mr.G.Ethirajulu for Mr.K.Balu For Respondents : Mr.S.R.Rajagopal Addl. Advocate General Assisted by Mr.S.Kamalesh Kannan Govt. Advocate - for R1 to R3 Mr.M.Maharaja Spl. Govt. Pleader - for R4
O R D E R
(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus to call for the record relating to the Form III notice purported under Rule 6 (1) of Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, dated 17.11.2018 issued by the 3rd respondent, to quash the same and forbear the respondents from any manner evicting or interfering with the right of the petitioner to live in the premises bearing Door No.11, 4th Street, West R.E.Nagar, Porur, Chennai - 600 116 and to survey the said land.
2. It is the case of the petitioner that he is a lessee under the 4th respondent temple in respect of Survey No.368/1 and also entered into a lease/rental agreement dated 30.09.1993 in respect of the land in the said survey number. Now, the 3rd respondent has issued a Form III notice under Rule 6 (1) of Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules for removing the encroachments in the water body in Survey No.370/1 part.
3. Mr.S.R.Rajagopal, learned Additional Advocate General,. appearing for the respondents 1 to 3 submitted that the 3rd respondent had initiated eviction proceeding only in respect of Survey No.370/1 and not in respect of Survey No.368/1.
4. When the petitioner claims that he is a lessee in respect of Survey No.368/1, he can only seek for protection of his possession in respect of the said survey number and he cannot seek for any protection in respect of Survey No.370/1.
5. When the 3rd respondent had issued the notice in respect of Survey No.370/1, in which the petitioner has no right or possession, the relief sought for in the Writ
Petition in Survey No.370/1 cannot be granted. In view of the same, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS ix) //True Copy// Sub Assistant Registrar Rj To 1 The Secretary to Government Revenue (A1) Department Fort St. George Chennai - 600 009 2 The Tahsildar Maduravoyal Taluk Thiruvallur District 3 The Junior Engineer Public Works Department (Water Irrigation Management Department) Adyar Irrigation Division St.Thomas Mount Chennai - 600 016 4 The Executive Officer Arulmigu Ramanathieswar Thirukovil Porur, Chennai - 600 116 +1cc to Mr.K.Balu, Advocate SR.No. 82525 +1 CC TO GOVERNMENT PLEADER SR.NO.82951 +1cc to government pleader (HR AND CE) , Advocate SR.No.83590 W.P. No.31820 of 2018 and W.M.P.Nos.37054 & 37056 of 2018 ASK(17/12/2018)