Disposed

E.Saraswathi, v. The District Collector

Madras HC25 Mar 2024WP/18961/2018

Case brief

AI extract

What is this about?

The Court directed the Commissioner of Land Administration and other departments to verify the genuinity of pattas and remove encroachments in water bodies. The Court condemned official negligence and held that lapses in protecting public land are serious matters requiring disciplinary action.

What did the court decide?

Direction issued to Commissioner of Land Administration to verify genuinity of pattas, remove encroachments in water bodies, and initiate disciplinary action against negligent officials.

E.Saraswathi, Vs The District Collector — Environment and Pollution | Madras HC (2024)

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WP Nos.18961 of 2018 etc.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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WP No. 18961 of 2018

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AND

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WP NO. 17986 OF 2018,WP NO. 17987 OF 2018,WP NO. 17988 OF 2018,WP NO. 18962 OF 2018,WP NO. 18964 OF 2018,WP NO. 18965 OF 2018,WMP NO. 21261 OF 2018,WMP NO. 21262 OF 2018,WMP NO. 21263 OF 2018,WMP NO. 21264 OF 2018,WMP NO. 21265 OF 2018,WMP NO. 21266 OF 2018,WMP NO. 21267 OF 2018,WMP NO. 21268 OF 2018,WMP NO. 21270 OF 2018,WMP NO. 21271 OF 2018,WMP NO. 21272 OF 2018,WMP NO. 21273 OF 2018,WMP NO. 21274 OF 2018,WMP NO. 21275 OF 2018,WMP NO. 22363 OF 2018,WMP NO. 22364 OF 2018,WMP NO. 22365 OF 2018,WMP NO. 22366 OF 2018,WMP NO. 22367 OF 2018,WMP

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NO. 22368 OF 2018,WMP NO. 22369 OF 2018,WMP NO. 22370 OF 2018,WMP NO. 22371 OF 2018,WMP NO. 22372 OF 2018,WMP NO. 22373 OF 2018,WMP NO. 22374 OF 2018,WMP NO. 22375 OF 2018,WMP NO. 22376 OF 2018,WP NO. 17974 OF 2018,WP NO. 17975 OF 2018,WP NO. 17976 OF 2018,WP NO. 17977 OF 2018,WP NO. 17978 OF 2018,WP NO. 17979 OF 2018,WP NO. 17980 OF 2018,WP NO. 17981 OF 2018,WP NO. 17982 OF 2018,WP NO. 17985 OF 2018,WP NO. 18966 OF 2018,WP NO. 18967 OF 2018,WP NO. 18968 OF 2018,WP NO. 18969 OF 2018,WP NO. 18970 OF 2018,WP NO. 18971 OF 2018,WP NO. 18973 OF 2018,WP NO. 18974 OF 2018,WP NO. 18963 OF 2018,WMP NO. 21269 OF 2018,WP NO. 18972 OF 2018,WP NO. 17983 OF 2018,WP NO. 17984 OF 2018

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https://www.mhc.tn.gov.in/judis

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WP Nos.18961 of 2018 etc.

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WP No.18961 of 2018

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E.Saraswathi,

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W/o.E.Elangovan, No.1, Ram Nagar 4th Main Road, 1st Cross Street, Nanganallur, Chennai-600 061.

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Petitioner(s)

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The District Collector, Kancheepuram and 7 others

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Respondent(s)

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For Petitioner(s) : Mr.T.Sellapandian

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For Respondent(s): Mr.A.Selvendran, Spl.GP. Mr.K.Madhu, Advocate Commissioner

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COMMON ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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The matters have been listed under the caption 'for reporting compliance'.

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The Tahsildar, Alandur Taluk filed a status report. However, the Tahsildar is unable to verify the genuinity of the patta granted by the Assistant Settlement Officer. In the event of non-availability of revenue documents, the authorities competent are bound to verify the same in the office of the Commissioner of Land Administration or through other departments where the original land records are being maintained. Instead the Tahsildar simply filed

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https://www.mhc.tn.gov.in/judis

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WP Nos.18961 of 2018 etc.

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the status report stating that the genuinity of the documents could not be verified. Such a statement cannot be approved by this Court. Therefore, the Commissioner of Land Administration and the other departments maintaining the land and survey records have to coordinate, identify the genuinity of the pattas granted by the subordinate authorities by conducting enquiries, if required, and thereafter initiate all appropriate actions to ensure that the encroachments in water bodies are removed and the water bodies are to be preserved as per the judgments of the Supreme Court of India and the Division Bench of the High Court of Madras. Inability of the officials cannot be condoned. They are duty bound to verify the genuinity of the documents and initiate all appropriate actions. Since the market value of the properties situate in Chennai city limits is sky-rocketing, the authorities cannot close their eyes and they are expected to restore the public land for the benefit of the public, since large scale encroachments in city and suburban areas are resulting in flooding during the rainy season. The untold agony suffered by the people are witnessed in Chennai city during rainy season. Thus this Court is constrained to observe that the lapses, negligence, dereliction of duty committed by the officials are to be viewed seriously and the Government has to initiate all appropriate actions as per law. In the present case, the Commissioner of Land Administration and the Commissioner of Survey and Settlement along with all other connected departments shall ensure that the encroachments are removed. It is needless to state that the existing lake should be protected and no further encroachment shall be allowed and in the event of any encroachment, the

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https://www.mhc.tn.gov.in/judis

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WP Nos.18961 of 2018 etc.

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jurisdictional officials must be personally held responsible and accountable and disciplinary actions are to be initiated against them.

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(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 17-04-2025

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Index:Yes Speaking order Internet:Yes Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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WP Nos.18961 of 2018 etc.

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1.The District Collector, Kancheepuram.

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2.The Revenue Divisional Officer Tambaram.

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3.The Thasildar, Alandur Taluk, Kancheepuram District.

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4.The Special Thasildar (Settlement), Alandur, Kancheepuram District.

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5.The Assistant Engineer, Public Works Department, Water Resources Organisation, Padapai, Kancheepuram District.

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6.The Commissioner Of Survey And Settlement, Chepauk, Chennai.600 005.(r6-suo Motu Impleaded As Per Order Dated 13.02.2024 In Wp.18961/2018 By Smsj And Krsj)

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7.The District Collector, Chennai.600 001.(r7-suo Motu Impleaded As Per Order Dated 23.08.2024 In Wp.18961/2018 By Smsj And Krsj)

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8.The Chief Engineer, Water Resources Organization, Chepauk, Chennai.(r8-suo Motu

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https://www.mhc.tn.gov.in/judis

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WP Nos.18961 of 2018 etc.

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Impleaded As Per Order Dated 08.11.2024 In Wp.18961/2018 By Smsj And Krsj)

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https://www.mhc.tn.gov.in/judis

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WP Nos.18961 of 2018 etc.

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S.M.SUBRAMANIAM J. AND K.RAJASEKAR J.

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WP Nos.18961 of 2018 etc.

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17-04-2025

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https://www.mhc.tn.gov.in/judis

E.Saraswathi, v. The District Collector

Case brief

What is this about?

What did the court decide?

E.Saraswathi, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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