M.Fakrudeen Ali Ahamed v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10088 of 2017 and W.M.P.(MD)No.7736 of 2017 M.Fakrudeen Ali Ahamed .. Petitioner Vs.

1.The District Collector, Collectorate, Pudukottai, 2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Aranthangi Post, 3.The Tahsildar, Taluk Office, Manamelkudi Taluk, Manamelkudi Post, 4.The Block Development Officer (Village Panchayats), Manamelkudi Panchayat Union, Manamelkudi Post, ..Respondents PRAYER: Writ Appeal is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the fourth respondent in Na.Ka.Thi1/1512/2016 dated 11.5.2017 and quash the same and consequently direct the respondents to issue Patta in favour of the petitioner's name for occupied house site situated in Survey No.177/3 sub-clause 8, Kottaipattinam Village, Manamelkudi Taluk, Pudukottai District either by considering the sale deed registered in Document No.54/1997 on the file of the SubRegistrar Office, Manamelkudi or as per G.O.Ms.No.854 Revenue Department dated 30.12.2006 and consequential G.O.Ms.No.372 Revenue Department dated 26.08.2014.

For Petitioner : Mr.M.Saravanakumar For Respondents 1 to 3 : Mr.T.S.Mohammad Mohideen ` Additional Government Pleader For Respondent No.4 : No Appearance

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J) The writ petitioner is aggrieved by the impugned order dated 11.5.2017 issued by the fourth respondent herein. The writ petitioner also seeks issuance of Patta for the occupied site in question.

2.A mere look at the relevant records would show that the subject land is a part of a water body known as 'Marakayar Kulam' comprised in Survey no.177/3, sub-clause 8, Manamelkudi Panchayat Union, Kottaippattinam Panchayat, Kodikulam Taluk, Pudukkottai District. Since, it is a water body, the fourth respondent obviously does not have the jurisdiction to issue the impugned notice. Therefore, the impugned notice is liable to be quashed. 3.Accordingly, the impugned order dated 11.05.2017, issued by the fourth respondent is quashed. The third respondent herein is to take action in the matter. We direct the third respondent herein, to take action in the matter for removal of encroachment in question, of course, after issuing show cause notice to the writ petitioner.

The third respondent shall complete the process within a period of three months from the date of receipt of copy of this order. The request for issuance of the Patta is not maintainable. It has been held by this Court that the Patta cannot be issued in respect of water bodies and encroachment on water body has to be necessarily removed.

4.This writ petition is allowed to that extent as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate, Pudukottai,

2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Aranthangi Post, 3.The Tahsildar, Taluk Office, Manamelkudi Taluk, Manamelkudi Post, 4.The Block Development Officer (Village Panchayats), Manamelkudi Panchayat Union, Manamelkudi Post, +One cc to Mr.M.Saravanakumar, Advocate, SR.No.70075 +One cc to The Special Government Pleader, SR.No.70954 MRN/VS RL/7c/3p/KK/SAR1/23/11/207 Order made in W.P.(MD)No.10088 of 2017 and W.M.P.(MD)No.7736 of 2017 03.08.2017