Madras High Court
P.Anbu vs The District Collector on 1 February, 2017
Bench: Sanjay Kishan Kaul, M.Sundar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.SUNDAR
W.P.No.2416 of 2017
P.Anbu .. Petitioner
Vs.
1. The District Collector
Chengalpattu,
Kancheepuram District.
2. The Tahsildar
Chengalpattu Taluk
Kancheepuram District.
3. The Revenue Inspector
Vandalur Sub Division
Chengalpattu
Kancheepuram District. .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorari calling for the records pertaining to the order of the 1st respondent in Na.Ka.No.9648/2016/Aa1, dated 05.01.2017 confirming the Notice of the 2nd Respondent dated 09.12.2016 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and the Notice of the 3rd Respondent dated 24.11.2016 under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 insofar as the land and house situated at Old No.20/1, New No.23, VOC 1st Street, Thiruvalluvar Nagar in S.No.164C, Rathinamangalam Village, Chengalpattu Taluk, Kancheepuram District admeasuring 3 Cents is concerned and quash the same.
For Petitioner
:
Mr.C.K.M.Appaji
For Respondents
:
Mr.T.N.Rajagopalan
Spl. Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) On our query, it is conceded that the area in question in respect of which notice was issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and then under Section 6 of the said Act and the appeal filed by the petitioner was dismissed on 5.1.2017, is categorized in the revenue records as water area.
2. In view of the Full Bench judgment of this Court in T.K.Shanmugam v. The State of Tamil Nadu, 2015 WLR 1029, neither can the revenue entries be changed nor the petitioner can have a right to continue to occupy water areas.
3. In view thereof, no infirmity can be found with the impugned order.
4. The learned Special Government Pleader also points out that there is misrepresentation in the petition. The Tamil version of the House Tax Receipt does not contain address, but in the English translation address has been interpolated to tally with the address in the petition, which is a misrepresentation. This ground alone, in fact, dis-entitles the petitioner for any relief on account of misrepresentation and clearly shows that the petitioner is not a resident in respect of the property where he is claiming rights.
This writ petition is dismissed. No costs. Consequently, W.M.P.Nos.2392 and 2393 of 2017 are closed.
(S.K.K., CJ.) (M.S., J.)
01.02.2017
Index : No
Internet : Yes
sasi
To:
1. The District Collector
Chengalpattu,
Kancheepuram District.
2. The Tahsildar
Chengalpattu Taluk
Kancheepuram District.
3. The Revenue Inspector
Vandalur Sub Division
Chengalpattu
Kancheepuram District.
THE HON'BLE CHIEF JUSTICE
AND
M.SUNDAR,J.
(sasi)
W.P.No.2416 of 2017
01.02.2017