Writ appeal against a direction to officials to evict encroachment on land classified as a water body. The court found the impugned order merely reiterated an earlier order permitting eviction only through due process; since the appellant claimed no independent right beyond occupancy, the appeal was dismissed.
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W.A.No.3559 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE C.KUMARAPPAN
W.A.No.3559 of 2024
Govindhan
...Appellant
Vs.
W.A.No.3559 of 2024
Omalur, Salem District.
...Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order passed in W.P.No.1632 of 2015 dated 18.04.2022 by the learned Judge of this Court, Madras.
For Appellant : Mr. M.Elango For Respondents : Mr. Vadivelu Deenadayalan, Additional Government Pleader (for R2 to R6) R-1 (No appearance)
J U D G E M E N T
(Judgement of the Court was delivered by R.SUBRAMANIAN, J .)
We have heard Mr. M.Elango, the learned counsel for the appellant and Mr. Vadivelu Deenadayalan, the learned Additional Government Pleader appearing for the second to sixth respondents.
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land in question, the Writ Court found that the land is classified as a water body. On such finding, the Writ Court directed the Official respondents to take action to remove the encroachment. The seventh respondent is on appeal against the said direction.
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(R.S.M., J.) (C.K., J.) 16.12.2024
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Index : Yes/No Speaking order /Non Speaking Order Neutral Citation : Yes/No
To
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R.SUBRAMANIAN, J. and C.KUMARAPPAN, J.
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W.A.No.3559 of 2024
16.12.2024
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1 issue framed by the court
Whether the Writ Court's direction to the officials to take eviction action if the land is classified as a water body was sustainable.
Govindhan
Vana Urimai Kuzhu, Rep. by its President M.Ramar, Palamaedu Village, Danishpet Panchayat, Omalur Taluk, Salem District
The State of Tamil Nadu by The Collector, Salem District, Salem
The Revenue Divisional Officer, Mettur, Salem District
The Special Tahsildar, Adhi Dravidar Welfare, Omalur, Salem District
The Tahsildar, Omalur, Salem District
R.Subramanian
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
