The court affirmed that a water body, even on private land, must be maintained and cannot be altered, as per Revenue Standing Order No. 26(15).

COMMON ORDER

These writ petitions have been filed to quash the order of the second respondent dated 08.11.2023 in proceedings No.Na.Ka.No.1902/2023/B1 as illegal, arbitrary and contrary to the provisions of law and direct the respondents not to interfere with the petitioner's right and interest in the petitioner's land comprised in S.No.430/1A1A, 430/1B and 430/1C, measuring an extent of 70.29 acres or thereabouts, situated at Kayarambedu Village, Chengalpet District.

2 The case of the writ petitioners in both the writ petitions is that the petitioners are joint owners of the entire subject property. An extent of 70.29 Acres bearing Survey Nos.430/1A1A, 430/1B & 430/1C (Old Survey Nos.370/2A, 370/2C, 370/2F, 370/2G, 370/3C7) situated at No.50 (Old No.56) Kayarambedu Village, Chengalpattu Taluk & District (Subject Property) was originally purchased by Sujatha Cine Arts through registered Sale Deeds dated 29.12.1973 registered as Document No.449 of 1974, Book-I, Volume 2390, Pages 345 to 352 on the file of the Registrar of Madras and (ii) 30.06.1977 registered as Document No.1821 of 1977, Book- I, Volume 2701 Pages 141 to 145 on the file of the Registrar of Madras North and from the date of purchase, Sujatha Cine Arts has had exclusive possession and enjoyment of the subject property with the same being used as a shooting site for movies.

2.1 The vendor of the Sujatha Cine Arts purchased the subject property and other properties in the year 1967 vide Sale Deeds dated 19.09.1967 registered as Doc.No.4176 of 1967, Volume 1753, Pages 21 to 34 on the file of the Registrar of Madras, Chengalpatty District (ii) 25.01.1968 registered as Doc.No.1770 of 1968, Book-I, Volume 1819, Pages 261-166, on the file of the Registrar of Madras and (iii) another document dated 25.04.1968 registered as Document No.1771 of 1968, Book, Volume 1820, Pages 269 to 275, on the file of the Registrar of Madras. The said vendor Sujatha Cine Arts conveyed portion of the subject property to Sujatha Cine Arts vide Sale Deed dated 29.12.1973. Further Sujatha Cine Arts was provided permission under Section 37 (A) of Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Ceiling Act) to acquire

21.30 Acres vide G.O.No.3908, Revenue Department dated 23.11.1974.

2.2 Sujatha Cine Arts used the subject property as a cinema shooting spot and it also maintained nearly 100 horses for cinema production work and for the purpose of providing drinking water to the horses, used a trench artificially made by the predecessors in title and stored water for other cattle. Thereafter due to insufficient income from the lands, Sujatha Cine Arts sought to sell the subject property along with other lands and during this period the subject property was not let out for cinema shooting and the horses were also sold over a period of time and thus the entire subject property remained barren and the trench, which was created artificially for storing waster fell into disuse and became redundant. The trench was thus not maintained by Sujatha Cine Arts for more than three decades.

2.3 Sujatha Cine Arts sold an extent of 49.40 Acres out of the subject property vide sale deed dated 17.12.2022 registered as Doc.No.18562 of 2022, Book-I, in the office of the Sub Registrar, Chengalpet Joint II to the petitioner in W.P.No.36373 of 2023 Viz. M/s. Provident Housing Limited (in short 'PHL'). Both the petitioners began the process of obtaining layout approval and as per the direction of 4th respondent, gifted an extent of 1,06,319.273 square meters (i.e. 27.27 Acres) out of the subject property being aggregate of (i) 83920 square meters for formation of roads, (ii) 20,247.353 square meters towards formation of Parks, (iii) 1045.48 square meters to local body, (iv) 1050.84 square meters for electricity service towards TANGEDCO, and (v) 55.60 square meters for greenery development, vide Gift Deed dated 20.06.2023 registered as Document No.9536 of 2023 in the office of Sub Registrar, Chengalpet Joint- I