W.P(MD)No.6223 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.6223 of 2025 and W.M.P(MD)Nos.4566 & 4567 of 2025 K.Lakshmi ... Petitioner Vs. 1.The District Collector, Madurai District, Collectorate, Madurai Post & District. 2.The Tahsildar, Thiruparankundram Taluk Office, Thiruparankundram Taluk, Madurai District. 3.The Assistant Engineer, WRD, PWD, Nilayur Section, Nilayur, Periyar Vaigai Basin Sub Division No-II, Madurai – 625 002. 4.The Assistant Engineer, WRD, PWD, Nilayur Section, 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.6223 of 2025 Nilayur, Periyar Vaigai Basin Sub Division No-II, Madurai – 625 002. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the third respondent in Impugned Form - III Notice under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 (Sub Rule (1) of Rule 6) dated 31.12.2024 and quash the same and consequently direct the first respondent to issue patta in favour of the petitioner's name for occupied house site situated in Survey No.92, Sornam Colony, Tirunagar, Tirupparankundram Village, Madurai District. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.K.Balasubramani Special Government Pleader ORDER Heard both sides. 2.The petitioner questions the Form -3 notice issued by the third respondent. The subject matter pertains to Survey No.92. Revenue record was produced before us. It is seen therefrom that Survey No.92 has been classified as “Puliyankulam Kanmoi”. It is obviously a water body. Therefore, the 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.6223 of 2025 petitioner's request for grant of patta cannot be accepted. The petitioner has not made out any case for interfering with the impugned Form-3 notice. The petitioner does not have any semblance of title. It is true that the petitioner has been in occupation of the same for quite sometime. Even long possession of water body will not confer any right or title. We, however, permit the petitioner to submit the representation before the first respondent. The first respondent will consider granting alternative site to the petitioner if she is eligible as per the extant norms. The petitioner is given a breathing time of six months from today (11.03.2025) before she is dispossessed. 3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 11.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Madurai District, Collectorate, Madurai Post & District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.6223 of 2025 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. MGA 2.The Tahsildar, Thiruparankundram Taluk Office, Thiruparankundram Taluk, Madurai District. 3.The Assistant Engineer, WRD, PWD, Nilayur Section, Nilayur, Periyar Vaigai Basin Sub Division No-II, Madurai – 625 002. 4.The Assistant Engineer, WRD, PWD, Nilayur Section, Nilayur, Periyar Vaigai Basin Sub Division No-II, Madurai – 625 002. W.P(MD)No.6223 of 2025 11.03.2025 4/4 https://www.mhc.tn.gov.in/judis