(Order of the Court was made by The Hon'ble Chief Justice) The prayer in this writ petition is for forbearing the respondents from evicting the petitioners from the occupation of S.No.271/1, Kizhkodungallur Village, Vandavasi Taluk, Thiruvannamalai District till the disposal of W.P.No.1294 of 2009.
2. It is suffice to say that admittedly the occupation of the petitioners is in respect of the classification of Periya Eri and thus, it is a water body. In view of the Full Bench judgment of this Court in T.K.Shanmugam v. The State of Tamil Nadu, 2015 WLR 1029, neither pattas can be issued, nor regularisation take place.
3. The authorities have already passed orders under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.
4. In view of the aforesaid, there is no merit in this petition.
5. We, however, make it clear that this will not preclude the authorities from rehabilitating the petitioners to some other place, if they so desire.
6. The writ petition is dismissed in terms aforesaid. No costs.
(S.K.K., CJ.) (M.S., J.) 23.01.2017 Index : Yes/No Internet : Yes/No bbr To
1.The District Collector & Inspector of Panchayat, Erode District, Erode.
2.The Revenue Divisional Officer, Gobichettipalayam Division, Gobichettipalayam, Erode District.
3.The Tahsildar, Sathyamangalam Taluk, Sathyamangalam, Erode District.
4.The President, Mudukanthurai Village Panchayat, Mudukanthurai, Sathiyamangalam Taluk, Erode District.
The Hon'ble Chief Justice and M.Sundar, J.
bbr W.P.No.37587 of 2015 23.01.2017 http://www.judis.nic.in