Dismissed

Mr. Jacob Mathew v. the State of Tamilnadu Rep.

Madras HC10 Dec 2021WP/11095/2006

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras, by a common order, dismissed numerous writ petitions filed by alleged encroachers challenging the eviction of structures from river poromboke lands in Mogappair. The Court held that the petitioners failed to establish legal rights after such lands were cleared to prevent flooding. It refused to direct measurement of the disputed land due to the materials lap

What did the court decide?

Relief sought for restoration of lands and payment of compensation was dismissed. No costs.

Mr. Jacob Mathew Vs the State of Tamilnadu Rep. — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.12.2021

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.Nos.11095, 11096, 11113, 11130, 11144, 11132, 11135, 11136, 11139, 11145, 11146, 11147, 11112, 11114, 11115, 11138 of 2006

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MR. JACOB MATHEW ... PETITIONER in WP Nos.11095 & 11096 of 2006 T.ELANGOVAN ... PETITIONER in WP Nos.11112 & 11113 of 2006 G.RAGURAMAN ... PETITIONER in WP Nos.11114 & 11115 of 2006 SUSHILA JEYASING ... PETITIONER in WP Nos.11130 & 11132 of 2006 T.CHANDRASEKARAN ... PETITIONER in WP Nos.11135 & 11136 of 2006 G.JAGADEESWARI ...PETITIONER in WP No.11138 & 11139 of 2006 K. VIJAYALAKSHMI ... PETITIONER in WP Nos.11144 & 11145 of 2006

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M/S.TECH AUTO FINISHES (I) P. LTD. PVT LIMITED COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT 1956 3/69 MOGAPPAIR EAST CHENNAI-50 REP. BY ITS DIRECTOR CHANDRA BOSE.

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... PETITIONER in WP Nos.11146 & 11147 of 2006

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Vs.

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1.The State of Tamil Nadu Represented by the Secretary to the Government, Revenue Department, Fort St. George, Chennai – 600 009. 2.The District Collector, Thiruvallur, Thiruvallur District.

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3.The Sub-Collector, Thiruvallur, Thiruvallur District.

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4.The Town Planning Officer, Ambattur Municipality, Ambattur, Thiruvallur District.

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https://hcservices.ecourts.gov.in/hcservices/

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5.The Thasildar Ambattur Thiruvallur District

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6.Suji Thomas Vaidhyan Sub-Collector, Thiruvallur, Thiruvallur District.

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7.Janakiraman Town Planning Officer, Ambattur Municipality, Ambattur, Thiruvallur District. 8.V.Dheenadayalan Thasildar Ambattur Thiruvallur District ...Respondents 1 to 8 in 11112, 11113, 11114, 11115, 11130, 11132, 11135, 11136, 11138, 11139, 11144, 11145, 11146, 11147 of 2006 9.Pankajam ...Respondents 1 to 9 in W.P.Nos.11095 & 11096 10.M/s.Golden Bricks & Tiles Company, A Partnership Firm Represented by its Partner, Mr.Jayasing Gnakkan, G.B.T. Campus, Nerkundram, Chennai – 600 107 ...9^th Respondents in 11112, 11113, 11114, 11115,11130, 11132, 11135, 11136, 11138, 11139, 11144, 11145 of 2006 11.MRS.K.Rajambal ...9^th Respondents in WP.Nos.11144 & 11145 of 2006 12.Mr.P.Saravanavel ...9^th Respondents in WP.Nos.11146 & 11147 of 2006 Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to restore the land measuring 2400

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https://hcservices.ecourts.gov.in/hcservices/

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sq.ft. of land in plot No.575 comprised survey No.429/2 in Mogappair village and pay a compensation of Rs.24,00,000/- being the cost of the construction and the movables to the petitioner.

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WP No.11095 of 2006

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Writ of Mandamus directing the respondnets to restore the land measuring 2400 sq. ft of land in plot no. 575 comprised in Survey No. 429/2 in Mogappair village and pay a compensation of Rs. 24, 00,.000/- being the cost of the construction and the movables to the petitioner .

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WP No.11096 of 2006

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Writ of Mandamus directing the Ist respondent to take action against the Respondents 6 to 8 for illegally demolishing the petitioners building and punish them as per law .

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WP No.11113 of 2006

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Writ of Mandamus directing the 1st respondent to take action against the respondents 6 to 8 for illegally demolishing the petitioners compound wall and punish them as per law

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WP No.11130 of 2006

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Writ of Mandamus directing the 1st respondent to take action against teh respondents 6 to 8 for illegally demolishing the petitioners building and punish them as per law

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WP No.11144 of 2006

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Writ of Mandamus directing the 1st respondent to take action against the respondents 6 to 8 for illegally demolishing the petitioners compound wall and punish them as per Law.

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WP No.11132 of 2006

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Writ of Mandamus directing the respondents to restore the land measuring 5.5. cents comprised in survey No.429/2 in Mogappair Village and pay a compensation of Rs.30,00,000/- being the cost of the building and the movables to the petitioner

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WP No.11135 of 2006

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Writ of Mandamus directing the respondents to restore the land measuring 5.5 cents of land in S.No.429/1, now numbered as plot No.584, Golden George Nagar, situated in Moggapair Village, Ambattur Taluk, Tiruvallur district and pay a compensation of Rs.30,00,000/- being the cost of the compound wall to mc

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WP No.11136 of 2006

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Writ of Mandamus directing the 1st respondent to take action against the respondents 6 to 8 for illegally demolishing the petitioners compound wall and punish them as per law

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https://hcservices.ecourts.gov.in/hcservices/

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WP No.11138 of 2006

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Writ of Mandamus directing the respondents to restore the land measuring 5.5 cents comprised in survey No.429/2 in Mogappair Village and pay a compensation of Rs.45,00,000/- being the cost of the building and the movables to the petitioner.

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WP No.11139 of 2006

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Writ of Mandamus directing the 1st respondent to take action against the respondents 6 to 8 for illegally demolishing the petitioners building and punish them as per law

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WP No.11145 of 2006

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Writ of Mandamus directing the respondents to restore the land measuring 1200 sq.ft. in the eastern side of Plot No.576 comprised in Survey No.429/2 in Mogappair Village and pay a compensation of Rs.12,50,000/- being the cost of the property.

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WP No.11146 of 2006

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Writ of Mandamus directing the 1st respondent to take action against the respondents 6 to 8 for illegally demolishing the petitioners factory and punish them as per law.

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WP No.11147 of 2006

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Writ of Mandamus directing the respondents to restore the land measuring 2400 sq.ft. in the Plot No.577, Golden George Nagar comprised in Survey No.429/2 in Mogappair Village and pay a compensation of Rs.35,00,000/- being the cost of the building and the movables to the petitioner.

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WP No.11112 of 2006

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Writ of Mandamus directing the respondents to restore the land measuring 2.75 cents of land comprised in survey no.429/2 in mogappair village and pay a compensation of Rs.12,50,000/being the cost the property

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WP No.11114 of 2006

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Writ of Mandamus directing the respondents to restore the land measuring 5.5 cents of land comprised in survey no.429/1 now numbered as Plot no.583 Golden George nagar situated in mogappair village, ambattur taluk, thiruvallur district and pay a compensation of Rs.25,00,000/- being the cost the building and the movables to the petitioner

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WP No.11115 of 2006

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Writ of Mandamus directing the 1st respondent to take action against the respondents 6 to 8 for illegally demolishing the petitioners compound wall and punish them as per law

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioners : Mr.Thomas T.Jacob in W.P.Nos.11095 & 11096 of 2006 11113, 11114, 11115, 11132, 11135, 11136, 11145, 11147 of 2006

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For Petitioners : Mr.K.Chairmanselvaraj in W.P.Nos.11112, 11144, 11130 & 11146 of 2006 For Petitioners : Mr.SU.Karunakaran in W.P.Nos.11138, 11139 of 2006 For Respondents 1 to 5 : Mr.M.Rajendiran (in all WPs) Additional Government Pleader For Respondent 8 : Mr.E.J.Ayyappan (in all WPs) For Respondents 6, 7 & 9 : No Appearance (in all WPs)

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C O M M ON O R D E R

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The relief sought for in these Writ Petitions is to direct the respondents to restore the lands of the petitioners and to pay compensation.

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Mr.V.Dhamodharan, Tahsildar, Ambattur Taluk is present before this Court and assisted the learned Additional Government Pleader.

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The petitioners state that they were the bonafide purchaser of the properties. They were in possession and constructed a building. However, the Revenue Authorities suddenly entered into the properties and demolished the buildings and taken possession of the properties by stating that the petitioners were encroachers.

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The learned counsel for the petitioners made a submission that the petitioners have invested their hard earned money and constructed buildings and they have purchased the properties by paying consideration and thus they are entitled for the relief and restoration of the properties and for compensation.

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https://hcservices.ecourts.gov.in/hcservices/

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It is contended that the lands have to be measured properly and the petitioners have not encroached any Government lands and they were in possession of their own lands.

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The learned Additional Government Pleader appearing on behalf of the respondents 1 to 5 disputed the said contention by stating that the subject lands were classified as river poromboke in Mogappair Village, Ambattur Taluk. The petitioners have encroached upon the water body more specifically, Cooum River and many such encrochments in Cooum River river were removed during the relevant point of time.

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The counter filed by the 3rd respondent / the SubCollector, Tiruvallur, Tiruvallur District, reveals that during North-East Monsoon in the year 2005, Tamil Nadu had faced heavy rain which caused heavy inundation due to blocking of flow of water in water course poromboke lands. There was no precedent for this kind of inundation especially in residential localities, which lead to extensive flooding, loss of human life and damage crops, road, bridges, culverts, houses and basic infrastructures. As a result of heavy rain which battered Chennai city and Suburbs during the month October-November 2005 it has inundating several areas. The Cooum river was obstructed by many encroachments in the river. Moved by plight of people suffering from inundation, the Collector of Tiruvallur District has instructed the Sub-Collector, Ponneri to evict encroachments in water course poromboke lands to avoid flooding in low lying areas.

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Accordingly, eviction was carried out in Ambattur, Thandalkazhani, Manali, Porur and in Padi between 07.11.2005 and 10.12.2005. The upstream villages of Cooum River, Nerkundram, Padi, Mogappair, Nolambur and Maduravoyal were inundated because of encroachments in the Cooum river. The District Administration faced innumerable law and order issues in these areas because of repeated inundation. So encroachments had been removed in Cooum River poromboke.

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The present Writ Petitions are filed questioning the eviction carried out in river portion in Mogappair Village, Ambattur Taluk. The eviction was carried out in the year 20052006 and the Writ Petitions were filed in the year 2006, already 15 years lapsed.

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The learned counsel for the petitioners made a submission that the lands have to be measured. However, the 3rd respondent categorically states that the subject property is classified as Cooum river poromboke and the encroachments were already removed. In these circumstances, if at all the petitioners want to measure the lands, the petitioners are bound

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https://hcservices.ecourts.gov.in/hcservices/

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to approach the competent authorities under the provisions of the Tamil Nadu Survey and Boundaries Act, 1923. However, this Court cannot issue any such directions for the purpose of measuring the lands at this length of time, as the petitioners were encroachers and such encroachments were removed in the year 2005.

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This being the factum, the petitioners have not established even a semblance of legal right. Thus, the relief as it sought for in the present Writ Petitions stand dismissed. No costs.

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Sd/-

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Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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shr/kan

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The Secretary to the Government, State of Tamil Nadu

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Revenue Department, Fort St. George,

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Chennai – 600 009.

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The District Collector,

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Thiruvallur, Thiruvallur District.

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The Sub-Collector,

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Thiruvallur, Thiruvallur District.

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The Town Planning Officer,

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Ambattur Municipality,

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Ambattur,Thiruvallur District.

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The Thasildar

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Ambattur, Thiruvallur District.

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+1cc to M/s.Devadason and Sagar Thomas T.Jacob , Advocate, S.R.No.65769

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W.P.Nos.11095, 11096, 11113, 11130, 11144, 11132, 11135, 11136, 11139, 11145, 11146, 11147, 11112, 11114, 11115, 11138 of 2006

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JP-II[co] NSK 12/01/2022

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https://hcservices.ecourts.gov.in/hcservices/

Mr. Jacob Mathew v. the State of Tamilnadu Rep.

Case brief

What is this about?

What did the court decide?

Mr. Jacob Mathew v. the State of Tamilnadu Rep.

Case brief

What is this about?

What did the court decide?

What the court decided

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