S.VAIDYANATHAN
M. Kanagamani – Appellant
Versus
State of Tamil Nadu – Respondent
The petitioner has come forward with the above Writ Petition seeking to quash the impugned order dated 06.11.2003 passed by the second respondent and to direct the first respondent to assign the house site in Survey No.497/1, Managiri South, Madurai South to the petitioner.
2. The petitioner and 13 other families are living on the banks of Managiri Tank (Slum Indira Nagar), Karumbalai, K.K.Nagar, Madurai for the past more than 33 years. The petitioner seeks for regularisation of the encroachment in the property in question. According to the petitioner, no notice was served on the petitioner and she 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 ce
Animal and Environment Legal Defence Fund Vs. UOI
Hinch Lal Tiwari Vs. Kamal Devi reported in 2001 (6) SCC 496
Jagpal Singh (Jagpal Singh Vs. State of Punjab - 2011 (11) SCC 396)
Kesavananda Bharathi Vs. State of Kerala reported in 1973 (4) SCC 225
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