Madras High Court Bench here has begun saving irrigation channels and other waterbodies in southern districts from encroachments by disposing of writ petitions pending before it for years together seeking either Patta for the properties or a direction to initiate eviction proceedings.
A Division Bench of Justices M. Sathyanarayanan and V.M. Velumani recently dismissed a writ petition pending since 2007 and thwarted an attempt made by a retired Tamil Nadu State Transport Corporation driver S. Samadhuvam of Chinnamannur in Theni district to claim ownership over 20 cents of an irrigation channel on the ground of occupation for long.
The petitioner had relied upon Government Orders passed in the year 2000 and 2006 which permit grant of patta to landless poor, who had been in occupation of government waste lands for over 10 years, to seek patta for the property which, according to him, was in possession of his father for several years before being handed over to him.
However, opposing his plea, Uthamapalayam Taluk Tahsildar said Patta could not be granted to the petitioner since the land in his occupation had been classified as ‘Vaikkal Poromboke’ (water course) in revenue records. It was also pointed out that the encroached land was in the centre of a live water course in Chinnamannur Town.
After recording his submission, the judges held that the petitioner was not entitled to any relief since a Full Bench of the High Court had last year held that Government Orders related to regularisation of encroachments made on waste lands would not be applicable to those who had encroached upon waterbodies.
