R.Murali v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.4576 & 4577 of 2025 R.Murali ... Petitioner Vs.

1.The District Collector, Madurai District, Collectorate, Madurai Post & District.

2.The Tahsildar, Thiruparankundram Taluk Office, Thiruparankundram Taluk, Madurai District.

3.The Assistant Engineer, WRD, PWD, Nilayur Section, 4.The Assistant Engineer, WRD, PWD, Nilayur Section, 1/4

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the third respondent in Impugned Form - III Notice under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 (Sub Rule (1) of Rule 6) dated 31.12.2024 and quash the same and consequently direct the first respondent to issue patta in favour of the petitioner's name for occupied house site situated in Survey No.92, Sornam Colony, Tirunagar, Tirupparankundram Village, Madurai District. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner questions the Form -3 notice issued by the third respondent. The subject matter pertains to Survey No.92. Revenue record was produced before us. It is seen therefrom that Survey No.92 has been classified as "Puliyankulam Kanmoi". It is obviously a water body. Therefore, the petitioner's request for grant of patta cannot be accepted. The 2/4

petitioner has not made out any case for interfering with the impugned Form-3 notice. The petitioner do not have any semblance of title. It is true that the petitioner has been in occupation of the same for quite sometime. Even long possession of water body will not confer any right or title. We, however, permit the petitioner to submit the representation before the first respondent. The first respondent will consider granting alternative site to the petitioner if he is eligible as per the extant norms. The petitioner is given a breathing time of six months from today (11.03.2025) before he is dispossessed. 3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 11.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Madurai District, Collectorate, Madurai Post & District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 2.The Tahsildar, Thiruparankundram Taluk Office, Thiruparankundram Taluk, Madurai District.

3.The Assistant Engineer, WRD, PWD, Nilayur Section, 4.The Assistant Engineer, WRD, PWD, Nilayur Section, 11.03.2025 4/4