The Hindu : Tamil Nadu / Chennai News : Collector’s order rejecting plea for pattas upheld

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Wednesday, Nov 04, 2009
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Tamil Nadu

Tamil Nadu - Chennai

Collector’s order rejecting plea for pattas upheld

Special Correspondent

CHENNAI: The Madras High Court has upheld an order of the Chennai Collector in May this year rejecting a request by a welfare association seeking issue of pattas for the land on which they have put up hutments at Kilpauk here.

Dismissing a petition by the Kaalvaithurai Kudisai Vazhmakkal Pothu Nala Sangam, Water Tank Road, Kilpauk, the First Bench comprising the Chief Justice, H.L.Gokhale and Justice D.Murugesan said on a perusal of the relevant materials, it was satisfied that the persons who were eligible were provided with good alternative accommodation at Kannagi Nagar near here.

The association represented by its president, S.Murugesan, prayed the court to quash the Collector’s order dated May 26 and consequently direct the authorities to grant pattas to the members of the association and regularise the encroachments in Kaalvaithurai area in terms of a G.O. of December 2006.

The land on which the hutments of 772 persons were situated admittedly belonged to the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB). The board’s Managing Director opposed the petition by filing his counter. In his order, the Collector said that as the CMWSSB had not consented for issue of pattas saying that the lands were required for future use and that there were chances of the drinking water supplied to Chennai being polluted due to the encroachments, the association’s request could not be granted.

In its order, the Bench said an opportunity had been afforded to the petitioner association to make a representation before the appropriate authority. The alternative accommodation was about 20 km from the present place where the encroachers were staying. Those who wanted to shift to the new premises were to be provided with necessary transport facilities.

This had been done with respect to those who had already been shifted. The shifting could not be said to be a displacement to a far off place. The encroachers were provided with good alternate accommodation which was not very far off and all necessary assistance for shifting had been provided.

The prayers in the petition could not be entertained. Accordingly, the petition was being dismissed, the court said.

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