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2017 Supreme(Mad) 2593

S.VAIDYANATHAN
S. Jaithun Beevi – Appellant
Versus
Govt. of Tamil Nadu, Rep. by its Special Commissioner and Commissioner for Land Administration, Chepauk, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.K.Ramkumar
For the Respondents:Mr.Akhil Akbar Ali, Govt. Advocate, Ms.P.T.Ramadevi

ORDER :

The petitioners have 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 respondent to assign the land in question to the petitioners.

2. The petitioners are living in Karumbalai area in Madurai, for the past many years. The petitioners seek for regularisation of the encroachment in the property in question. According to the petitioners, no notice was served on them and they 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 Officials to remove encroachments made by certain private parties in a Odai Poraomboke in Villupuram District. While disposing of the Writ Petition, the Division Bench pointe




























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