PRESIDENT, RESIDENTS WELFARE ASSOCIATION Vs. DISTRICT COLLECTOR; SUB COLLECTOR, EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The writ petition has been filed by the association named as Residents Welfare Association which is a registered association. The petition has been filed on the ground that the member of the association have encroached into the river poramboke in survey No. B/5 situated in Pandian Street, Paramakudi Town, Ramanathapuram District and such an action has to be regularized by issuance of Patta.

(2.) The only contention raised by the association is that they are well wishers of the entire body of members and that encroachment which has been made has got to be regularized as per the G.O. Permanent No. 166, Revenue Department dated 27.03.2000. It is also contended that the members of the association have been in possession and enjoyment of the property for a quite long time and therefore they will come under the parameters as found in G.O. Permanent No. 166, Revenue Department dated 27.03.2000. The name list of 20 members of the association have been given in the writ petition. The petitioner association would also contend that they are eligible under the G.O. Permanent No. 166, Revenue Department dated 27.03.2000.

(3.) The Government has filed a detailed counter. The learned Government Advocate specifically argued and contended that the writ petition itself is not maintainable, as the writ petition filed by the association seeking for issuance of patta for individuals which according to him will vary according to their requirements and according to their eligibility. Apart from this, even the application of the said G.O would be made to anyone only if the lands are not required by the Government for their usage. Only then such an application would be considered as per G.O. Permanent No. 166, Revenue Department, dated 27.03.2000 and above all these things, the Executive Engineer, Public Works Department has filed a detailed counter. In the counter, he has categorically stated that as the lands are classified as river poramboke and required for the Government usage, the lands could not be regularized and have to be made free from encroachments and that being so as per the classification of the lands which is a river poramboke no encroachments would bee allowed and hence the writ petition is legally not sustainable and maintainable.