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2017 Supreme(Mad) 2331

S.VAIDYANATHAN
K. V. Baskaran – Appellant
Versus
Collector, Madurai – Respondent


Advocates Appeared:
For the Petitioners: Ms. B. Radha for Mr. G. Ethirajulu.
For the Respondent: Mr. Akhil Akbar Ali.

ORDER :

1. The petitioner has come forward with the above Writ Petition seeking to quash the impugned orders dated 29.09.2003 and 17.09.2002 passed by the second and first respondents respectively and to direct the second respondent to assign the land in question to the petitioner.

2. Admittedly, the petitioner is living in Alagar Koil Road, Madurai North, which was originally classified as Vaikal Poramboke as per the Revenue Records and he has been living in that area for the past many years. The petitioner seek for regularisation of the encroachment in the property in question. According to the petitioner, no notice was served on him and he cannot be evicted except in accordance with law.

3. Heard both sides and perused the materials available on record.

4. It is worthwhile to notice a Full Bench decision of this Court in W.P. No. 1294 of 2009, dated 30.10.2015 (T.K. Shanmugam vs. The State of Tamil Nadu and Others), wherein the Full Bench has exhaustively dealt with the encroachment on water bodies, the relevant portion of which are extracted hereunder:

"12. A Public Interest Litigation was filed by one Mr. L. Krishnan seeking for a direction against the Government and the Revenue Of


























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