Case Note & Summary
The petitioners, Mohanambal and S. Muthu, filed writ petitions before the Madras High Court seeking a direction to the District Collector, Cuddalore, to consider their representation dated 22.12.2025 for issuance of free house site patta in an alternative site. The petitioners were encroachers on a water body, and notices for removal of encroachments were issued by the authorities. In response, the encroachers requested alternate accommodation. The court noted that the facts stated in the affidavit and representations showed that encroachments were identified in a water body. The court held that it is needless to state that eligible landless poor encroachers may be provided with alternate accommodation under the Government Welfare Scheme through the Tamil Nadu Urban Habitat Development Board. The eligible encroachers are at liberty to submit an application seeking allotment of a tenement or plot under any welfare scheme, and the authorities shall consider their case based on the terms and conditions of the scheme. As far as encroachments in the water body are concerned, the court directed that they must be removed by following procedures, and the water body must be protected for public interest. The court disposed of the writ petitions with directions to the authorities to remove the encroachments in the water body by following due process and to consider the petitioners' representation for alternate accommodation in accordance with the applicable welfare scheme.
Headnote
A) Property Law - Encroachment on Water Bodies - Removal of Encroachments - Public Interest - Encroachments identified in water body must be removed by following procedures to protect the water body for public interest (Paras 1-5). B) Welfare Law - Alternate Accommodation - Government Welfare Scheme - Eligible landless poor encroachers may be provided alternate accommodation under Government Welfare Scheme through Tamil Nadu Urban Habitat Development Board; they are at liberty to submit application seeking allotment of tenement or plot (Paras 3-5).
Issue of Consideration
Whether encroachments on water bodies should be removed and whether eligible landless poor encroachers are entitled to alternate accommodation under Government Welfare Scheme
Final Decision
The court directed the authorities to remove the encroachments in the water body by following procedures and to protect the water body for public interest. Eligible landless poor encroachers may be provided alternate accommodation under Government Welfare Scheme through Tamil Nadu Urban Habitat Development Board; they are at liberty to submit application seeking allotment of tenement or plot. The authorities shall consider their case based on terms and conditions of the scheme.
Law Points
- Encroachment on water bodies must be removed following due procedure
- water bodies must be protected for public interest
- eligible landless poor encroachers may be provided alternate accommodation under Government Welfare Scheme through Tamil Nadu Urban Habitat Development Board
