2018 Supreme(Mad) 3653
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
Venkateswara Middle School – Appellant
Vs.
District Collector, Kancheepuram District – Respondent
W.P. No. 30856 of 2014. Miscellaneous Petition No. 1 of 2014
Decided On : 05-10-2018
D. Senthilkumaar, Adv., R. Selvam, Adv.
Headnote:
Tamil Nadu Land Encroachment Act, 1905 - Section 2(1)(c) - Section 12 - Constitution of India - Article 300-A - Article 12 - Article 37 - Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 - School - Encroached Government Land - Writ petitioner states that petitioner is running a Middle School for over 50 years and school is recognized by Government vide proceedings - Petitioner states that, School is one of oldest schools in area - Many of prominent personalities studied in this School - A land measuring an extent of 2.51 acres comprised in Survey No.431/2 and Survey No.432/10, situated at Village, was under occupation of writ petitioner – Petitioner School submitted a representation to District Collector, stating that they need additional land for purpose of developing School - This apart, a complaint also has been registered by stating that one Mr. Marimuthu deliberately encroached Government land and raised compound wall, with his political influence - Petitioner had immediately lodged a police complaint before Inspector - Held, Courts have repeatedly held that District Administration must be vigilant in respect of all such encroachments in water bodies and water resources and in Government poramboke lands - Encroachments in water bodies and water resources are to be viewed seriously and in event of identifying any such encroachments, authorities competent are duty bound to evict all such encroachments by following procedures contemplated under Tamil Nadu Land Encroachment Act, 1905 or under Tamil Nadu Protection of Tank and Eviction of Encroachment Act, 2007, whichever is applicable - In this regard, District Collector has to convene review meetings periodically and pass orders/instructions to all officials concerned to identify encroachments made in water bodies and water resources and initiate all further steps to evict encroachers by following procedures contemplated - There cannot be any lapses in this regard and same will cause disasters, more specifically, during flood season - Especially in Kancheepuram District, Thiruvallur District and Chennai District, people at large are facing flood related issues during rainy season and same results in disasters and loss of lives and property to larger extent - In such circumstances, duty of the State is to ensure that water bodies and water resources are protected not only to prevent such disasters but also to provide clean water to citizen at large, which is a constitutional mandate on part of State - It is mandatory on part of State to develop water improvement schemes and other related schemes for purpose of providing clean water to citizen, which is a constitutional requirement – Petition Disposed Of.
S.M. Subramaniam, J.
The impugned order dated 25.03.2014 issued by the District Collector, Kancheepuram District, in respect of the removal of encroachments in the Government land, is under challenge in this writ petition.
2. The writ petitioner states that the petitioner is running a Middle School for over 50 years and the school is recognized by the Government of Tamil Nadu vide proceedings in RC.386-D/62 dated 21.07.1962. The petitioner states that, the School is one of the oldest schools in the Tambaram, Chrompet area. Many of the prominent personalities studied in this School. A land measuring an extent of 2.51 acres comprised in Survey No.431/2 and Survey No.432/10, situated at Zamin Pallavaram Village, previously Saidapet Taluk, presently Alandur Taluik, previously Chengalpattu District, presently Kancheepuram District was under the occupation of the writ petitioner.
3. The petitioner in his affidavit enumerates so many good things about the School which may not be of much relevance in respect of the issue involved in the present writ petition. This Court is not disputing the good things done by the school and by the teachers and by the persons concerned. The question to be decided in this writ petition is that whether the writ petitioner is an encroacher or not. Admittedly the writ petitioner has not established title, ownership by producing the original documents before the District Collector, Kancheepuram District. The petitioner School submitted a representation to the District Collector, Kancheepuram stating that they need additional land for the purpose of developing the School. This apart, a complaint also has been registered by stating that one Mr. Marimuthu deliberately encroached the Government land and raised the compound wall, with his political influence. The petitioner had immediately lodged a police complaint before the Inspector of the Police and the Police had not taken any steps against Mr.Marimuthu and he is allowed to continue in the encroached portion of the Government land and he started increasing the length of the compound wall by using his political power and muscle and money power. He had done many unlawful acts and the police has shown deaf ears, in respect of the complaints and the demands made by the writ petitioner School. The petitioner School had sent a complaint to the District Collector, Kancheepuram District, Tahsildar, Alandur Taluk, stating that Mr.Marimuthu had encroached into the petitioner's School premises and raised a compound wall in the School. The said Mr.Marimuthu was also trying to raise further construction in the said land.
4. Under these circumstances, the grievances of the writ petitioner was adjudicated by the District Collector, Kancheepuram. The District Collector, Kancheepuram in his order enumerates that Managing Corespondent, Sri Venkateshwara Middle School has made a complaint in Chitl apakkam Police Station, Chennai 64, stating that Sri Venkateshwara Middle School was started in the year 1953 as Tamil Medium Elementary School in Radha Nagar, Chrompet. In order to provide more accommodation and play ground facilities for the school, the District Revenue Officer, Chengalpattu in proceedings dated 23.07.1963 has accorded permission to enter upon 2.51 acres of land comprised in S.No.431/2 and 432/10 of Zamin Pallavaram Village to Sri Venkateshwara Middle School, Chrompet as detailed below:
Name of the Taluk and Village
Survey No.
Extent
Classification
Extent temporarily granted A. C.
Purpose
Saidapet Taluk Zamin Pallavaram Village
431/2
1.51
Tanked Poramboke
1.51
For play ground purpose
-do-
432/10
115.44
Tank Poramboke
1.00
For School purpose
The conditions prescribed in Rc.39343/1963 B1, dated 23.07.1963 are as follows:
(i)