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2017 Supreme(Mad) 2591

S.VAIDYANATHAN
Muqyyath Sha Sirguro Wakf Board College – Appellant
Versus
Special Commissioner and Commissioner for Land Administration – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Md.Fayaz Ali
For the Respondents:Mr.Akhil Akbar Ali, Govt. Advocate, Mr.M.Muthupandian

ORDER :

The petitioner has come forward with the above Writ Petition seeking to quash the impugned order dated 06.11.2003 passed by the first respondent and to direct the first and second respondents to assign the land measuring an extent of 8 acres or such other extent in T.S.No.497/1, 6, 7, 8, 9 North Village, Madurai South Taluk, Madurai.

2. It is stated by the petitioner-College that the properties in question which were originally allotted to the petitioner-College by the Government, were occupied by the encroachers who are living there for many years. Hence, the petitioner states that they need to be evicted and pray that the alleged encroached portion of the properties may be allotted to the petitioner, which were originally allotted for their use.

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 seek




























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