‘No one can claim exclusive right over properties of common use’

The District Munsif Court in Melur dismissed a civil suit, taking into account the fact that the suit property in Panikkankundukulam near Maruthur was a government poramboke and came under the classification of kanmoi / tank, with an expanse of 5 acres 46 cents.

The court was hearing a suit filed by a group of villagers who sought the relief of declaration that they have the right of continuous, exclusive enjoyment over the suit property. They said that they enjoyed its possession and had not been disturbed by the government.

While the plaintiffs said they enjoyed exclusive possession of the property, the defendants in the case said that the property was in common usage of the people of entire Maruthur and that the property was a tank.

Referring to a Supreme Court judgement, District Munsif Raja S. Ramya observed that no one could claim exclusive enjoyment and right of adverse possession over properties which were meant for common usage. The property was a government poramboke and therefore comes under the classification of kanmoi or tank. It was clear that the suit property had been encroached upon by the plaintiffs and they were encroachers of the waterbody.

Therefore, the plaintiffs were not entitled to the relief of permanent injunction to protect their possession as their possession was not a settled one, but an unlawful one. They were also not entitled to relief of declaration that they have the right of continuous exclusive enjoyment.

The Madras High Court has held that no civil court shall entertain any suit or proceedings in connection with the removal of encroachment in waterbodies. Anyone who has encroached and was aggrieved by the action taken by authorities to remove the encroachment from the waterbodies was at liberty to move the High Court, the judge said.