The central legal point established is that encroachers on water course poromboke are not entitled to claim patta for the encroached land, and the Executive Officer of the Town Panchayat has jurisdiction to issue eviction notices to preserve the water body.

T.S. SIVAGNANAM, J.

In all these Writ Petitions, the petitioners challenge notices issued by the sixth respondent, the Executive Officer, Gingee Town Panchayat, dated 05.02.2015. By the impugned notices, the petitioners were called upon to vacate and clear the encroachment, which has been made in a water body classified as “Erikarai”.

2. The petitioners would state that there was a water body was in existence in the said place where they reside and by efflux of time, it lost its character and several persons including the petitioners have put up their residential huts, madras terrace building, tiled house etc in meagre extent of lands measuring about 2 to 3 cents and are residing their for several years. It is submitted that all the petitioners have been provided all the basic amenities such as electricity, water connections, road facilities etc. The children of the petitioners are said to be studying in the nearby schools and most of the petitioners are coolies and daily wage earners struggling to eke their livelihood. The petitioners would state that the exact portion of the Eri has not been surveyed for several decades and all of them were living peacefully in their houses and the area, where they are residing, is not a water catchment area as defined under the provision of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Act), but it is only a bund of the lake with height of a bund 15 to 17 feet and abutting the outer bund. It is further submitted that none of the petitioners are living inside the lake or in the water body and therefore, they approached the Revenue Divisional Officer, Gingee, for recognising their possession and enjoyment and grant of patta. However, the said authority declined their request. The petitioners would further state that by virtue of the various Government Orders issued from time to time in G.O.Ms.No.854, dated 30.12.2006, G.O.Ms.No.142, dated 23.05.2013 and G.O.Ms.No.372, dated 26.08.2014, taking a policy decision to grant free house site patta and the said benefit was extended periodically and lastly extended upto 31.03.2015. The petitioners are stated to have submitted representations to the respondents to consider their claim in the light of the Government Orders, but the same were not considered and they reliably understand that for few people, the District Level Committee has made recommendations for grant of free house site patta and the petitioners have been singled out without any valid reason.

3. It is further submitted that the Executive Officer of the Gingee Town Panchayat issued a notice dated 28.10.2014, alleging that the petitioners are residing in survey Nos.16 and 18, which forms part of the “B-Eri” and this notice was stated to be issued pursuant to direction issued in a Writ Petition in W.P.No.18056 of 2014, wherein prayer was made for removal of encroachment in the “Eri”. The petitioners being aggrieved by such notices, filed Writ Petitions which were disposed of by order dated 22.01.2015, recording the submission made by the learned Government Pleader stating that the impugned notices shall be withdrawn and fresh action will be taken as per the statutory provision. After the order dated 22.01.2015 in the batch of cases, the petitioners are stated to have submitted individual representation on 01.02.2015 for grant of patta. While so, the impugned notices have been issued by the Executive Officer, Gingee Town Panchayat, which are said to be without jurisdiction. Further, the notices do not refer to any provision of law under which they have been issued. The learned counsel appearing for the petitioners submitted that the impugned notices are clearly in violation of the earlier orders passed by this Court and the notices are wholly without jurisdiction.

4. At the time, when these Writ Petitions were entertained an order of status quo was granted, which was extended from time to time and subsequently ordered to be tagged along with W.P.No.18056 of 201