G MURUGAN Vs. TAHSILDAR, PONNERI TALUK

JUDGEMENT

(1.) By consent, both the writ petitions are taken up for final disposal and are disposed of by this common order, as the issue to be adjudicated is one and the same.

(2.) According to the petitioner, lands on which superstructure of the petitioner has been put up were agricultural lands and originally, there was a big lake in Padiyanallur Village and it was demarcated even prior to the year 1957 as Lake area in S.No.82 with an extent of 125 acres. During the year 1957, Assistant Settlement Officer of Tiruvallur had initiated suo motu enquiry and converted large extent of lands covering S.Nos.77 to 109 as Tank Bed, vide proceedings dated 31.10.1957 and the said proceedings were set aside by the Board of Revenue, vide proceedings dated 13.05.1971 in B.P.Perm.212/71. It is further stated by the petitioner that the property in S.No.95/5 was taken up by the Assistant Settlement Officer, Chengalpet vide proceedings dated 07.10.1974 in SR 117/Sec11(a)/74 and after conducting enquiry, has notified the said lands as Ex-Zameen estate and it was taken over by the Government on 03.01.1951 under the provisions of Tamil Nadu Act XXIV of 1948 and the property in S.No.95/4 admeasuring to an extent of 32 cents was declared as Ryoti and belong to one Arumuga Reddy and Munusamy Reddy, vide proceedings of the Assistant Officer, Chengalpet dated 30.11.1974.

(3.) The petitioner would further state that during the year 2017, revenue officials visited the Padiyanallur Village and also made measurements and however, to his shock and surprise, the first respondent has furnished a report alleging encroachment on the Lake belonging to Public Works Department in the Padiyanallur Village under the provisions of The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 read with rules framed thereunder and also G.O.(Ms) No.320, Public Works (H) Department dated 28.09.2007 and the name of the petitioner finds place in Sl.No.41. The petitioner, apprehending dispossession in pursuant to the proceedings of the first respondent, came forward with this writ petition.