IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.1.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.NO.3269 OF 2010 and M.P.Nos.1 and 2 and 3 of 2010 D.S.Bhatt .. Petitioner vs 1.The District Collector Kanchipuram District Kanchipuram 2.The Tahsildar Tambaram Taluk Kanchipuram District 3.The Forest Ranger Tambaram Range Office Tambaram .. Respondents Writ Petition is filed under Article 226 of the Constitution of India for the issue of writ of Certiorarified Mandamus calling for the records of the third respondent relating to the impugned order in C.No.380/08 dated 01.02.2010, quash the same and consequently direct the respondents not to interfere with the enjoyment of the petitioner of S.No.176 of Vengambakkam village, Chengalpattu taluk, Kanchipuram District. for petitioner : Mrs.P.V.Rajeswari for respondents : Mr.S.Sivashanmugam Government Advocate (For R1 and R2) Mr.K.Rajasekar(F) Government Advocate (for R3) ORDER The present writ petition is filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandmus calling for the records of the third respondent relating to https://hcservices.ecourts.gov.in/hcservices/ the impugned order in C.No.380/08 dated 01.02.2010, quash the same and consequently direct the respondents not to interfere with the enjoyment of the petitioner of S.No.176 of Vengambakkam village, Chengalpattu taluk, Kanchipuram District. 2. The petitioner claims to be the owner of an extent of 1 acre and 05 cents of land in S.No.97/7B and S.No.10/1B, now sub- divided as 10/1B2 and Survey No.11/6 now sub-divided as 11/6B2 at Nedungundram Village, Tambaram taluk and an extent of 0.52 acres in S.No.435/1A2 of Unamancheri Village, Chengalpat Taluk, Kancheepuram District. It was also submitted that the abovesaid lands were purchased by the petitioner and his father under registered sale deeds from the Official Liquidator, Madras in the year 2007. The said lands purchased by the petitioner’s father also came to be settled in favour of the petitioner. In the light of the above settlement the petitioner has become the absolute owner of the property mentioned above. The petitioner has also established a factory in their own land after obtaining necessary planning permission from the local authority by providing all infrastructural facilities for manufacturing and export of Power Coated stands for Hammock and swings as well as by employing 250 employees. It is also submitted that the petitioner Company is an 100% export oriented unit. The grievance of the petitioner in the present writ petition is the access to the petitioner factory is only through a 3 feet passage. As the said narrow passage is causing impediment to the persons coming to the petitioner Company and the vehicles used by the Company are also not able to come to the factory by transporting raw materials and finished goods, the petitioner approached the third respondent for permission to use the disputed land as pathway for movement of heavy vehicles into and outside the petitioner’s property. In the meanwhile, the petitioner also received a notice from the third respondent dated 20.02.2009 alleging that the Tamil Nadu Forest Department doubts about the instructions given by the first respondent in Ref.No.74646/06/N dated 21.02.2006 in which the Reserved Forest Area was mentioned as “Varathu Kalvai” in S.No.176. The petitioner further submitted a detailed explanation to the notice dated 15.3.2009 seeking permission to use the disputed land as pathway and requested the authorities to permit him to use the land either on lease or on outright sale. Since the representation dated 15.3.2009 was not considered, the petitioner came to this Court by filing W.P.No.9357/2009 and this Court by disposing of the said Writ Petition by order dated 03.6.2009 directed the first respondent to consider the petitioner’s representation dated 15.3.2009. In the light of the order passed by this Court, the respondent finally passed an order stating that the disputed pathway is covered by the land which is classified as “water body” and therefore, the respondent could not consider the case of the petitioner. 3. The learned counsel appearing for the petitioner submits that in view of establishment of the factory by the petitioner in https://hcservices.ecourts.gov.in/hcservices/ their own land, for not having sufficient pathway the raw materials as well as the finished goods from the factory could not be taken out. Even the employees employed by the petitioner in his factory also are not able to reach the factory premises through their vehicles. Therefore, the petitioner’s request for directing the respondents to permit him either to use the land as a lease hold land or to sell the land to the petitioner may be considered. 4. The learned Special Government Pleader appearing for the respondents would submit that in view of the order passed by the Apex Court in T.N.GODAVARMAN THIRUMALPAD v. UNION OF INDIA reported in 1997(II)SCC page 267, no land covered by water body should be given on lease or sold out to any person. In the present case the District Collector the First respondent herein has also passed an order dated 20.11.2010 on the basis of the revenue records showing that the disputed land is also covered as "water body" When the revenue records show that the land in question is classified as water body as held by the Apex court in the case of T.N.Godavarman, this court cannot direct the respondents to give away the land for lease or on outright basis to the petitioner. Though the copy of the proceedings of the District Collector has been given to the petitioner, the same was not challenged by the petitioner till date. 5. In view of the same, this writ petition is dismissed. No costs. Consequently, connected pending M.Ps. are also dismissed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar sal To 1.The District Collector Kanchipuram District Kanchipuram 2.The Tahsildar Tambaram Taluk Kanchipuram District https://hcservices.ecourts.gov.in/hcservices/ 3.The Forest Ranger Tambaram Range Office Tambaram 1 cc to Government Pleader, Sr.No.3268 1 cc to Ms.P.V.Rajeswari, Advocate, Sr.No.2885 1 cc to Spl.Government Pleader,(Forests) Sr.No.2716 W.P.NO.3269/2010 And M.P.Nos.1,2,3/2010 NG {CO} TP/22.2.2011. https://hcservices.ecourts.gov.in/hcservices/