Sundar.P Vs the State of Tamil Nadu

M.Veran 150. Kirubaimariyal Meganathan W/o.Meganathan 151.D.Rose W/o.Durai 152. M.Selvi 153. Govindasami S/o.Singaram 154. D.Babu Sekar ... Petitioners Vs.

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1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600 009.

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2.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Public Works Department, Fort St.George, Chennai - 600 009.

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3.The District Collector, District Collectorate, Thiruvallur.

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4.The Revenue Divisional Officer, J.N.Road (Near State Bank of India & Post Office), Thiruvallur - 602 001.

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5.The Tahsildar, No.5, Trunk Road, Ettima Nagar, Poonamallee,

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Chennai - 600 056.

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6.The Commissioner, Thiruverkadu Municipality, Thiruverkadu.

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7.The Assistant Engineer W.R.D, Adayar Irrigation Section, St. Thomas Mount, Chennai - 600 016.

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8.The Assistant Engineer W.R.D., Kosathalaiyaru Irrigation Section, Chepauk, Chennai – 600 005.

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... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from initiation eviction in connection with Section 6 Notice, dated 29.07.2024 issued by the 8^th respondent without considering the petitioners' representation dated 04.07.2024.

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For Petitioners : Mr.S.Prabakaran, Senior Counsel, For Mr.M.A.Gouthaman. For Respondents : Mr.L.S.M.Hasan Fizal, Addl. Govt. Pleader for R1, R2, R7 & R8. Mr.J.Ravindran, Additional Advocate General, assisted by Mr.Mohamed Sathik, Government Advocate for R3 to R6.

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- - ORDER

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(By G.R.SWAMINATHAN, J.)

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The writ petitioners want this Court to forebear the respondents from evicting them

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from their respective premises.

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2.It is admitted that the writ petitioners are residing in S.No.1/1A, Thiruverkadu Village. It was originally comprised in Sriperumbudur Taluk. At present, it is comprised in Poonamallee Taluk. Copy of the "A" register has been made available. It is seen therefrom that S.No.1/1A has been classified as "Cooum River". Thus, it is beyond dispute that the writ petitioners are in occupation of river poramboke. It has been held time and again both by the Madras High Court as well as the Hon'ble Supreme Court that encroachments in water bodies cannot be permitted and they cannot be regularized notwithstanding the length of time in the matter of occupation ( vide T.K.Shanmugam

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-vs- State of Tamil Nadu AIR 2016 MAD 25 ). In view of the aforesaid authoritative decision of the Hon'ble Full Bench, no person in occupation of a water body can claim any relief or protection at the hands of the Court.

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3.It is true that even a person in wrongful possession cannot be suddenly dispossessed. He / she will have to be given notice. In the case of hand, Form I and Form II notices were given to all the 160 families on 08.05.2024. It is relevant to mention here that even in the year 2017, steps were taken to evict the petitioners and they then filed W.P.No.33981 of 2017. The writ petition was disposed of by the Hon'ble First Bench with a direction to the Tahsildar, Poonamallee to issue notices to the writ petitioners within a period of one week and call upon them to submit their explanation along with relevant documents as to why, they should not be evicted from S.No.1/1A which is a Coovam River Poromboke. On receipt of such explanation from the petitioners, the Tahsildar was directed to consider same and pass a speaking order on merits and thereafter proceed in accordance with law.

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4.Pursuant to the said direction, the Tahsildar, Poonamallee conducted enquiry and rejected the request of the writ petitioners for re-classification of the petition mentioned

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land as "Grama Natham". The Tahsildar called upon the competent authority of Water Resources Department to take action for evicting the writ petitioners herein vide proceedings dated 31.07.2023.

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5.Since river poramboke fell within the jurisdiction of Water Resources Department, the Assistant Engineer, Water Resources Department, Adayar Irrigation Section, Chennai also issued notices. The Tahsildar, Poonamallee made available the list of 160 encroachers vide communication dated 08.05.2024. In the meanwhile, the writ petitioners herein filed appeal before the Revenue Divisional Officer, Thiruvallur purporting to challenge the notices dated 31.07.2023 issued by the Tahsildar, Poonamallee. The writ petitioners subsequently filed W.P.No.15213 of 2024 for forbearing the authorities from evicting them within considering their statutory appeal. The said writ petition was disposed of by the Hon'ble Division Bench on 13.06.2024 with a direction to the jurisdictional Revenue Divisional Officer to dispose of the appeal dated 24.05.2024 within a period of ten days i.e., 24.06.2024. It was further clarified that if the Revenue Divisional Officer was not the appellate authority and if there is no statutory provision for appeal to him, it was open to the fourth respondent therein to say so. Vide order dated 22.06.2024, the Revenue Divisional Officer dismissed the appeal. It appears that this order passed by the Revenue Divisional Officer, Thiruvallur was not challenged and that it has become final.

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6.The only question that calls for consideration is regarding the character of S.No.1/1A, Thiruverkadu Village. The authorities have conclusively proved that it is a "river poramboke" (Cooum River) by producing the FMB Sketch and “A” Register extract. When admittedly, it is a water body, the writ petitioners cannot have any defence. The maximum indulgence that they can seek is for asking reasonable time to vacate. If they are eligible, then they can seek alternative accommodation.

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7.Even though the writ petitioners are encroachers and their encroachment comes under objectionable category, the government has taken suitable steps to rehabilitate them. Alternative housing accommodation has been made ready. All that the writ petitioners need to do is to offer their bio-metric details. The respondents are ready to hand over keys to the writ petitioners, the moment they vacate the premises in question

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8.On account of encroachment of the writ petitioners, the government has not been able to implement the Integrated Cooum River Eco-Restoration Project. The government wants to restore the river to its original position. The project remains struck on account of the encroachments. The Madras High Court in hundreds of cases has given categorical direction to remove the encroachments in water bodies. Removing the encroachments in water bodies is a constitutional duty cast on the government.

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9.Since on account of the encroachments, the government project could not be implemented, we direct the authorities concerned to ensure that all the encroachments in

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Cooum River are cleared within a period of eight weeks from the date of receipt of a copy of this order. The District Collector, Thiruvallur District and the Commissioner of Police, Avadi Police Commissionerate are directed to extend their fullest assistance and cooperation to ensure that this drive is successfully completed. If the authorities fail to clear the encroachments as mandated above, it will constitute contempt of Court.

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10.Recording the stand of the learned Additional Advocate General that all the writ petitioners would be rehabilitated, the writ petition is dismissed with the aforesaid directions. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S., J.) & (V.L.N., J.) ......07.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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