JUDGMENT :

S.M. SUBRAMANIAM, J.

1. Under assail is writ orders, all dated 24.07.2017 in W.P. No. 35335 of 2003, W.P. No. 6093 of 2005 and W.P. No. 36012 of 2003 respectively.

2. The brief history of the case shows that in G.O.Ms.No.2723, Revenue dated 17.11.1969 orders were issued permitting the Special Officer, Wakf Board to enter upon in 28 acres of land in T.S.No.497, Managiri Kanmoi, North Madurai Village, South Taluk, Madurai District for construction of M.S.S. Wakf Board College pending order of alienation from Government. Subsequently, on verification, the Government found that the actual area under possession of the Wakf Board was 20 acres and 143 sq.ft. only. Thus, the Government in their order in G.O.Ms.No.2231 Revenue Department dated 28.11.1998, ordered alienation of 20 acres and 143 sq.ft. of land in T.S.No.497/2 in favour of Wakf Board College on free of cost.

3. The other portion of kanmoi (waterbody) has been encroached upon by individuals. The Government is of the view that Wakf Board College failed to protect the entire area and allowed encroachers to encroach upon waterbody. It is not in dispute between the parties that the said area has been classified as 'Vaikkal and Managiri Kanmoi Poramboke' which are waterbodies.

4. The Government initiated action to evict encroachers. The encroachers moved Court at the first instance by filing W.P.No.7288 and 7809 of 1995. The learned single Judge of this Court passed an order on 30.08.2000 directing the District Revenue Officer, Madurai to consider the claim of encroachers as well as parties to the proceedings and pass appropriate orders expeditiously after affording opportunity to them. The District Revenue Officer, Madurai vide proceedings dated 14.09.2001, submitted a proposal for regularisation of encroached waterbodies. Since it was not considered by the Government, again one Ms.Kanagamani filed W.P.No.21644 of 2003 and learned single Judge passed final orders on 04.08.2003 directing the Special Commissioner and Commissioner of Land Administration, Chennai to pass orders on merits and based on the proposal of the District Revenue Officer dated 14.09.2001.

5. The Special Commissioner and Commissioner of Land Administration, Chennai conducted an enquiry based on the proposal submitted by the District Revenue Officer. Considering the facts and circumstances of the case, Commissioner of Land Administration elaborately recorded the history of the case and it is not in dispute between the parties that the entire area has been classified as “Vaikkal” and “Managiri Kanmoi Poramboke” i.e., waterbodies. After considering the issues, the Commissioner of Land Administration passed final order and the operative portion of the final order dated 06.11.2003 reads as follows:

"The District Revenue Officer, who inspected the land under reference on 11.10.2003, has stated that the land lie in main location of corporation, that the value of the land is increasing day by day, that encroachments are by way of huts, workshops and Broiler shop and that the regularisation of encroachments will definitely affect the expansion of road. Further, the Government in their order (P) 186, Revenue, dated 29.4.2003 have instructed that at any event, the encroachments in water course poramboke should not be regularised. In view of the above, the directions issued by the District Revenue Officer, Madurai in his W.P.3/96/J2, dated 14.9.2001 for sending proposal for regularisation of encroachments in T.S.No.497/1 is not acceptable and the directions issued by the District Revenue Officer, to that effect is hereby cancelled. He should carry out eviction and restore the land for public use."

6. Challenging the said order of the Commissioner of Land Administration, writ petitions filed. Final orders in the writ petitions came to be passed on 24.07.2017, which is the subject matter of the present intra-court appeals.

7. Learned single Judge considered the facts and circumstances and the principles settled by the F