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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.R. SHRIRAM, CJ, SENTHILKUMAR RAMAMOORTHY
M. Prakash – Appellant
Versus
District Collector, Moovendar Nagar – Respondent
| Table of Content |
|---|
| 1. public interest litigation regarding encroachments. (Para 1 , 2) |
| 2. claim for alternative accommodation rights. (Para 3 , 4 , 5) |
| 3. abuse of process in encroachment eviction. (Para 6 , 7) |
| 4. past case precedents on encroachments. (Para 8) |
| 5. consideration of representation for accommodation. (Para 9 , 10) |
| 6. dismissal of writ petitions and cost order. (Para 11 , 12 , 13 , 14) |
ORDER :
1. WP No.34506 of 2024, a public interest litigation, was filed to direct respondents 1 to 4 to remove the encroachments made by respondents 5 to 34 in the waterbody and road, in survey Nos.20, 46, 49/6, 55, 62, 73 and 206 of Thirukunam Village, Vikravandi Taluk.
2. When the matter was heard on 09.01.2025, Mr.A.Edwin Prabhakar pointed out that certain parties have filed WP No.5288 of 2024 and that an undertaking was recorded therein that nothing would be done against the petitioners until the next date of hearing. Therefore, we directed that the said writ petition be tagged with the public interest litigation. Accordingly, both petitions are tagged and listed today.
3. Learned counsel for petitioners in WP No.5288 of 2024, Mr.S.Sathia Chandran, submits that G.O.Ms.No.318 dated 30.08.2019, Rev
Encroachment on water bodies is illegal; eviction proceedings must adhere to relevant statutes while considering the right to alternative accommodation for those affected.
Encroachments on water bodies must be removed following due procedures to protect public interest; eligible landless poor may seek alternate accommodation under government welfare schemes.
Courts may dispose writ petitions with directions to authorities after initiation of eviction proceedings.
The court emphasized the urgency of enforcing land laws to remove illegal encroachments on public water resources, obligating government officials to act swiftly under the Land Encroachment Act.
Court affirms that writ petitions under Article 226 can direct state authorities to address public land encroachments.
Enforcement of the Tamil Nadu Land Encroachment Act, 1905 to remove encroachments on public pathways and government lands.
Revenue authorities cannot initiate eviction on patta land as per survey findings; disputes should be resolved in civil courts.
The Court confirmed the duty of authorities to restore encroached land to its original state based on public interest and legal obligations concerning watercourse protection.
Encroachment disputes may require appeals under relevant land laws.
Authorities must monitor and evict encroachments on water bodies to uphold public property protections.
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