1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.13841 of 2011 and M.P(MD)No.1 of 2011 Krishnammal ... Petitioner Versus 1. The Principal Secretary and Commissioner, for Land Administration, Chepauk,Chennai – 600 005. 2. The District Collector, Kanyakumari District, Nagercoil. 3. The Tahsildar, Agasteeswaram Taluk, Nagercoil. 4. The Executive Engineer, Public Works Department (Irrigation), PWD Road, Nagercoil – 629 001. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings No.G1/7218/2011 dated 07.10.2011 on the file of the first respondent herein and to quash the same and to direct the respondents 1 and 2 to grant assignment in favour of the petitioner in respect to the lands to an extent of 5 acres on the Eastern side in Re.Survey No.571 in Kulasekarapuram Village, Agasteeswaram Taluk, Kanyakumari District. For Petitioner : Mr.S.Subbiah For Respondents : Mr.K.P.Krishnadoss, Government Advocate O R D E R The petitioner has come up with the above writ petition, challenging an order passed by the first respondent refusing the petitioner's request for assignment of certain lands. 2. Heard Mr.S.Subbiah, learned Counsel for the petitioner. 3. It appears that wet lands of an extent of 5 acres in old Survey No.498 corresponding to Re-survey No.571 in Kulasekarapuram Village, Agasteeswaram Taluk in Kanyakumari District came under the occupation of the petitioner's husband, way back in the year 1941 when it was part of the Travancore – Cochin State. When proceedings for assignment of the land started, a suit was filed in O.S.No.26 of 1961 on the file of the Additional District Munsif Court, Nagercoil questioning the proposed https://hcservices.ecourts.gov.in/hcservices/ 2 assignment in favour of the petitioner's husband on the ground that it would affect the irrigation of the nearby lands. The Prayer in the suit included a mandatory injunction for the removal of the encroachment by the petitioner's husband. The State of Tamil Nadu was the first defendant in the suit and the petitioner's husband was the second defendant. 4. The suit was dismissed by a judgment dated 28.09.1962 and the appeal in A.S.No.29 of 1963 also came to be dismissed. A second appeal in S.A.No.123 of 1964 was filed, but the same was also dismissed on 14.03.1968. 5. Thereafter the petitioner's husband filed a suit in O.S.No.589 of 1983 on the file of the Principal District Munsif Court, Nagercoil for a permanent injunction and mandatory injunction seeking the grant of patta on the basis of his appeal petition submitted in 1959. During the pendency of the suit the petitioner's husband died. Therefore, the petitioner, her son and daughters were brought on record. 6. The suit was dismissed on 08.03.2002. The first appeal in A.S.No.4 of 2002 was dismissed on 29.11.2005 by the Second Additional Sub Court, Nagercoil. The second appeal in S.A.No.580 of 2008 was also dismissed by this Court, though liberty was given to the petitioner to approach the concerned authorities. 7. Thereafter the petitioner's son filed a Writ Petition in W.P.No.1575 of 2007 for a direction to consider his representation dated 07.03.2005 for assigning the land. This Court disposed of the Writ Petition by a usual order directing the second respondent to dispose of the representation of the petitioner's son. 8. Subsequently a Writ Petition was filed by the petitioner herself in W.P.No.4686 of 2009, which was disposed of by this Court by an order dated 06.01.2009 directing the first respondent to consider and dispose of the petitioner's representation dated 21.09.2009. In pursuance of the said order, the first respondent issued notice to the petitioner, conducted a hearing on 05.09.2011 and heard the learned Counsel for the petitioner and thereafter passed the order, which is impugned in the Writ Petition. 9. The above sequence would show that the Writ Petition is nothing but a second attempt, after the suit, first appeal and the second appeal filed by the petitioner's husband were dismissed. Moreover the land in question is classified as a Kulam Poromboke. Therefore, neither the first respondent nor the Court is competent to direct the assignment of any part thereof. 10. As rightly pointed out by the first respondent, the Government had already banned the issue of orders of regularisation of encroachments in water bodies, by issuing G.O.Ms.No.41, Revenue dated 20.01.1987. This Court has also issued direction and today there is an Act known as The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 for the protection of water bodies in the State. Therefore, when the water sources in the State are fast disappearing and the source of water supply is depleting it will be against public interest to direct the first respondent to grant assignment of any such land. 11. Though the learned Counsel for the petitioner submitted that the land in the occupation of her family for the past 70 years, has been on an elevated level, the same would not justify a direction to grant assignment https://hcservices.ecourts.gov.in/hcservices/ 3 of an encroachment. Therefore, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. SD ASST REGISTRAR ( Crl Side ) /TRUE COPY/ SUB ASST REGISTRAR ps To 1. The Principal Secretary and Commissioner, for Land Administration, Chepauk, Chennai – 600 005. 2. The District Collector, Kanyakumari District, Nagercoil. 3. The Tahsildar, Agasteeswaram Taluk, Nagercoil. 4. The Executive Engineer, Public Works Department (Irrigation), PWD Road, Nagercoil – 629 001. 1CC TO THE SPL. GOVT PLEADER SR: 42691: DM::2011:DECEMBER:16:: W.P(MD)No.13841 of 2011 02.12.2011 3P:6C:: https://hcservices.ecourts.gov.in/hcservices/