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Rukku vs The District Collector

Madras High Court|01 February, 2017

JUDGMENT / ORDER

(Order of the Court was made by the Hon'ble Chief Justice) On our query, it is conceded that the area in question in respect of which notice was issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and then under Section 6 of the said Act and the appeal filed by the petitioner was dismissed on 5.1.2017, is categorized in the revenue records as water area.
2. In view of the Full Bench judgment of this Court in T.K.Shanmugam v. The State of Tamil Nadu, 2015 WLR 1029, neither can the revenue entries be changed nor the petitioner can have a right to continue to occupy water areas.
3. In view thereof, no infirmity can be found with the impugned order.
4. The learned Special Government Pleader also points out that there is misrepresentation in the petition. The Tamil version of the Electricity Charges Card does not contain address, but in the English translation address has been interpolated to tally with the address in the petition, which is a misrepresentation. This ground alone, in fact, dis-entitles the petitioner for any relief on account of misrepresentation and clearly shows that the petitioner is not a resident in respect of the property where she is claiming rights.
This writ petition is dismissed. No costs. Consequently, W.M.P.Nos.2361 and 2362 of 2017 are closed.
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Title

Rukku vs The District Collector

Court

Madras High Court

JudgmentDate
01 February, 2017