The main legal point established in the judgment is the duty of the State to protect public lands and water bodies, and the need for swift action to remove encroachments. The judgment also emphasizes the legal principles established by the Hon'ble Supreme Court and the High Court in various cases related to encroachments, highlighting the protection of water bodies and public lands for the welfare of the public at large.

The order passed by the Tahsildar, Egmore-Nungambakkam Taluk, rejecting the claim of the writ petitioner to grant patta in respect of the land, which is classified as “Circar Poramboke” is under challenge in the present writ petition.

2. The learned counsel for the writ petitioners state that the writ petitioners are in possession and enjoyment of the property for long years and by virtue of their occupation for a considerable length of time, they are eligible for grant of patta. When an application is made, the 2nd respondent / The Tahsildar rejected the application on the ground that the land under the possession and occupation of the writ petitioners are classified as “Circar Poramboke” and therefore, no patta can be issued as per the Government Policy. Challenging the said order, the present writ petition has been filed.

3. The petitioners, who are also present before this Court, expressed their concern about their livelihood. This Court is of an opinion that undoubtedly the grievances of the citizen are to be addressed and redressed by the “State” in an appropriate manner. The “State” is a welfare State, is bound to implement certain schemes for the welfare of the poor landless people and the Government is periodically implementing such schemes by constructing houses for the poor landless people. Allotments are made by considering the eligibility criteria and by following the terms and conditions stipulated in the policy. The writ petitioners are also entitled to submit application for allotment of free house or site as per the Government schemes, if they are otherwise eligible in accordance with the terms and conditions of the scheme. However, this Court cannot encourage the encroachments made by the citizen in respect of the public land.

4. Encroachments are infringing the rights of all other citizen. The constitutional rights of all other citizen in respect of the public properties cannot be taken away by few individuals on account of their greediness. Encroachment of land occurs on account of greediness. Courts can never encourage the actions of such greedymen in respect of their encroachment of the public land, water bodies and water resources. It is a growing trend across the State that few greedymen, land grabbers and land mafias are encroaching the public property, water bodies and water resources and obstructing the development of our great Nation. On account of large scale encroachments, the developmental activities of the State is being paralyzed. “State” is bound to act vigilantly and no leniency can be shown in respect of the encroachers and the authorities competent are bound to invoke the provisions of the Tamil Nadu Land Encroachment Act, 1905 or the Tamil Nadu Protection of Tanks and removal of Encroachment Act, 2007 whichever is applicable. There cannot be any leniency or misplaced sympathy in respect of the encroachers. Any lapses in this regard on the part of the authorities are also must be viewed seriously. The authorities committing lapses, negligence or dereliction of duty by way of any omission or commission, must be taken note of and suitable prosecution and appropriate disciplinary actions are also to be initiated against all such officials, who all are responsible for committing an act of negligence or dereliction of duty.

5. Admittedly, the land under the occupation of the writ petitioners are classified as “Circar Poramboke”. The Status Report filed by the Tahsildar, Aminjikarai categorically enumerates as follows:-

“3. I, respectfully submit that the Sub-Inspector of Survey of this office, who inspected the said property has reported that the property is situated at New No.2, Narasimhalu Naidu Street, Ayyavoo Naidu Colony, Aminjikarai, Chennai – 600 029, corresponds to T.S.No.3 of Block No.4 of Vada Agaram Village and the said piece of land stands registered in the Town Survey Land Rec