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2015 Supreme(Mad) 2382

SANJAY KISHAN KAUL, T.S.SIVAGNANAM
M. Vijayakumar – Appellant
Versus
Government of Tamilnadu Rep. by its Principal Secretary Revenue Department Fort St. George – Respondent


Advocates:
Advocate Appeared:
For Petitioners: Mr. G. Eithirajulu in all W.Ps. Mr. M.R. Jothimanian in W.P.No.5635/2015, Mr. K. Murugesan in W.P.No.5208/2015.
For Respondents: Mr. S.T.S. Moorthy GP for RR1 to R5., Assisted by Mr. V.Shanmugasundaram G.A., Mr. Era.Premnath G.A., for RR6 & 7., Mr. M. Varankumar for R8.

ORDER

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 an















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