Mahatma Gandhi said, “there is no human institution but has its dangers. The greater the institution the greater the chances of abuse. Democracy is a great institution and, therefore, it is liable to be greatly abused. The remedy, therefore, is not avoidance of democracy, but reduction of possibility of abuse to a minimum”.

2. “The spirit of democracy is not a mechanical thing to be adjusted by abolition of forms. It requires change of heart. The spirit of democracy cannot be superimposed from the outside. It must come from within”.

3. Dr. Ambedkar said, “I do not want that our loyalty as Indians should be in the slightest way affected by any competitive loyalty whether that loyalty arises out of our religion, out of our culture or out of our language. I want all people to be Indians first, Indians last and nothing else but Indians”.

4. The lis on hand is one such case where few greedy people are infringing the rights of the citizen at large. This Court has made an attempt to minimise the infringement and damage caused on account of the greediness of few men. Equal protection of the fundamental rights of all other citizen, in general, is also a constitutional duty of the Constitutional Courts. If any infringement causes in violation of the fundamental rights of other citizen at large, then the Court must ensure that the social justice, equality of rights of all citizens are protected.

5. This being the constitutional mandate, this Court is not shy in bringing about the fact that the violations and more specifically, the encroachments in water bodies are slowly increasing in our great Nation. Encroachment is an offence and infringement of other's rights. But encroachment in water bodies and natural water resources are greater and serious offences, wherein stringent actions and protection of such water bodies are also imminent and highly warranted.

6. Thus, this Court is duty bound to take an attempt to ensure that the Executives/Administrators of the State are upholding the constitutional perspectives by maintaining the ecological balances and maintain the water bodies and water resources in the State, so as to protect the human lives in a peaceful manner and in accordance with the constitutional perspectives and the rights ensured to the citizens of this great Nation.

7. The facts in respect of these writ petitions are as follows :

W.P. No. 2511 of 2014

It is contended that the writ petitioner is a retired employee from Railway in 1985, and now he is a pensioner. The petitioner is in occupation of a small piece of land to an extent of 542 sq. ft., comprised in T.S.No.113, Block No.16, of Ayanavaram Village of Purasawalkam-Perambur Taluk, Chennai District. The petitioner is residing in the same premises bearing Door No.13C/24 Kulakarai Lane, P.E.Koil Street, Ayanavaram, Chennai-600 023 comprised in T.S.No.113, Block No.16, of Ayanavaram Village of Purasawalkam-Perambur Taluk, Chennai District. The learned counsel for the petitioner states that the writ petitioner is in possession of the property for the past 40 years continuously. As per the revenue records, the land comprised in T.S.No.113, Block No.16 of Ayanavaram Village of Purasawalkam-Perambur Taluk, Chennai District is a Government Poramboke land. However, it is contended that the Government of Tamil Nadu has recognised their residential status and issued Ration Card, Voter ID and providing Electricity connection etc., in favour of the writ petitioner. The writ petitioner is paying the property tax also. This being the factum of the case, the writ petitioner claims which he is entitled for grant of patta in respect of the land and the portion of the building under his occupation.

W.P. No. 2512 of 2014

8. It is contended that the writ petitioner is a retired Private School Teacher, getting a monthly income of Rs.3,000/-. The petitioner is in occupation of a small piece of land to an extent of 792 sq.ft. comprised in T.S.No.113, Block No.16, of Ayanavaram Village of Purasawal