ORDER

This writ petition has been filed to issue a Writ of Mandamus, to consider the representation of the petitioner dated 04.01.2019 and sanction the Exchange of Lands in Survey No.154/4, 163/4 and 164/4 for lands in Survey Nos.165/2 and 165/5.

2. The case of the petitioner is that the land comprised in S.No.154/4 ad-measuring to an extent of 0.29.5 hectare, the land comprised in S.No.163/4 ad-measuring to an extent of 0.30.5 hectare and the land comprised in S.No.164/4 ad-measuring to an extent of 0.79.0 hectare situated at Nagore Village, Nagapattinam, which are classified as Government Poramboke, belong to the petitioner and the said lands have not been used by the public or the Government. Therefore, the petitioner submitted representation for exchange of land before the 2nd respondent by a similar extent of petitioner's private lands comprised in S.No.165/2 and the land comprised in S.No.165/5 with the poramboke lands filling within the campus of the petitioner's trust. The value of lands comprised in S.Nos.165/2 and 165/5 are much more than the poramboke lands comprised in S.Nos.154/4, 163/4 and 164/4.

3. On perusal of the counter affidavit filed by the 2nd respondent, revealed that the land comprised in S.No.154/4 ad-measuring to an extent of 0.29.5 Are is classified as 'Government Poramboke Vaikkal', the land comprised in S.No.163/4 ad-measuring to an extent of 0.30.5 Are is classified as 'Government Poramboke Vaikkal' and the land comprised in S.No.164/4 ad-measuring to an extent of 0.79.0 Are is classified as 'Government Poramboke Tank'. In this regard, the Tahsildar, Nagapattinam had sent his preliminary report dated 10.04.2015, revealed that the petitioner's trust had encroached upon the aforesaid lands and the Accountant General, Chennai had raised audit objection vide letter dated 07.05.2009 stating that the petitioner's trust encroached upon the Government Poramboke lands and there was a loss of revenue to the tune of Rs.8,60,652/- towards the nominal lease rent for the periods from 1994- 1997 to 2006-2008. The Accountant General also requested to take action for recovery of the said amount besides to finalize the lease proposal. The aforesaid lands have been encroached by the petitioner's trust in the following manner:-

4. Thereafter, the preliminary report was sent to the 1st respondent by the Additional Chief Secretary and Commissioner of Land Administration vide Letter No.E1.15521/2015 dated 28.10.2016 and it revealed that the subject lands are water courses and banned category. Therefore, the request made by the petitioner for exchange of Government Poramboke lands by alternative land cannot be considered. Since all the lands which are occupied by the petitioner's trust are under banned category and all are classified as water body poramboke such as, Vaikkal and Tank. The Hon'ble Supreme Court of India and the Hon'ble Division Bench of this Court repeatedly held that the water body lands should be protected in the manner known to law. Therefore, the request of the petitioner cannot be considered and the writ petition devoid of merits and it is liable to be dismissed. 5. Accordingly, the writ petition is dismissed. No costs.

01.02.2022 Index:Yes/No Speaking Order: Yes dm G.K.ILANTHIRAIYAN, J.

dm To

1.The Secretary, Department of Revenue, The Government of Tami