LAWS(MAD)-2017-12-358

SULOCHANA Vs. ASSISTANT DIVISIONAL ENGINEER PUBLIC WORKS DEPARTMENT, [WATER RESOURCE ORGANIZATION], ADAYAR IRRIGATION DIVISION, CHENNAI

Decided On December 18, 2017
SULOCHANA Appellant
V/S
Assistant Divisional Engineer Public Works Department, [Water Resource Organization], Adayar Irrigation Division, Chennai Respondents

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondent.

(2.) Since the issue to be adjudicated in the above writ petitions are one and the same, all the writ petitions are taken up together for final hearing and are disposed of by the following common order.

(3.) The petitioner claims to be a resident of Door No.4, Qaide-Millath Nagar, Stalin Nagar, Anakaputhur Village, Kancheepuram District and according to her, the said property is situate in SF.No.235 of the said village and as per the Revenue records, it is shown as "Stony Ground". It is the specific case of the petitioner that the superstructure put up by her is about 300 metre away from the Banks of Adyar river and even during 2015 Mega Flood and the petitioner and other residents of the Locality have not been affected on account of the stagnation / inundation of the flood water. The grievance expressed by the petitioner is that the land in SF.No.235 of Anakaputhur Village, is water body according to the respondent and therefore, the respondent had issued the impugned notice in Form III under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and the Rules framed thereunder and challenging the legality of the same, the petitioner came forward to file the present writ petition.