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Judgment
Application No.98 of 2016 is filed by M/s. Aashiana through its President of Tamil Nadu Chapter M.V. Sivamuthu praying for grant of permanent injunction against respondents 1 to 3 who are the private respondents and their family members from cultivating and using the lake area in Survey No.784 of Neithavoyal Village, Ponneri.
It is stated that the 1st respondent - A.Stanislaus who is an Ex-serviceman has been permitted to cultivate in a portion of Survey No.784 which according to the applicant, forms part of waterbody and he should not be permitted to cultivate by encroaching upon the water body and problem is being created by the 1st respondent and pending the said application there was an interim order granted by this Tribunal by which the 1st respondent is continuing in Survey No.784.
However, it is the case of Mr. Shanmugham, learned counsel appearing for the 1st respondent that it is true that Survey No.784 is a waterbody and the 1st respondent is not in occupation of Survey No.784 but it is only in Survey No.784/1 the cultivation is taking place for the past 40 years and the 1st respondent has been issued with B - Memo and he has been in continuous and uninterrupted possession and is entitled to continue the same.
It remains the fact that the B - Memo which was issued in favour of the 1st respondent was sought to be cancelled by the Revenue Authority and therefore an interference was sought to be made as against the possession of the said area which as stated by the 1st respondent is Survey No.784/1. It was in those circumstances, the 1st respondent in Application No.98 of 2016 has filed Application No.106 of 2017 praying for cancellation of notice issued by the Revenue Department dated 8.11.2016 under which B - Memo was sought to be cancelled and also for permanent injunction restraining the 3rd respondent in Application No.106 of 2017 viz., the Junior Engineer, Irrigation Division, PWD, Minjur from dispossessing/disturbing the applicant from his possession and cultivation of land in Survey No.784/1 measuring 7.5 acres in No.140, Neithavoyal Village, Ponneri, Tiruvallore District pending assignment of land. It is stated that subsequent to the filing of Application No.106 of 2017 the said Stanislaus has approached the Hon'ble High court of Madras by filing W.P.No1137 of 2017 praying for assignment of land in Survey No.784/1 and also quash the notice issued by the authorities for the purpose of cancellation of B-Memo. It is also brought to the notice of this Tribunal that in another writ petition filed as Public Interest Litigation in W.P.No.41876 of 2016 by A. Stanislaus challenging the notice dated 8.11.2016 issued by the 3rd respondent - Junior Engineer, lrrigation Division, PWD, Minjur, the Hon'ble High Court has observed that this matter is pending before the National Green Tribunal and it has to be decided by this Tribunal.
In view of the fact that the applicant in Application No.106 of 2017 has already approached the High Court of Madras by filing W.P.No.1137 of 2017 for assignment of land wherein the High Court will have to decide as to the nature of land as to whether it is a waterbody or not or forming part of water body, we are of the considered view that no useful purpose will be served in keeping these applications viz., Application Nos.98 of 2016 and Application No.106 of 2017 pending before this Tribunal. Needless to state that after the Hon'ble High Court decides the substantial issue, it is always open to the parties to work out their remedy in the manner known to law. We make it clear that the applicant in Application No.98 of 2016 viz., M/s. Aashiana, Tamilnadu Chapter through its President may file appropriate applicastion to implead himself as party in W.P.No.1137 of 2017 in which event we hope that the Hon'ble High Court will hear the case of the said applicant.
With the above observation, both the applications stand disposed of. Consequently, M.A.No.292 of 2016 in Application No.98 of 2016 praying for the grant of interim injunction restraining the respondents from evicting the applicant in Application No.106 of 2017 from the land in S.No.784/1 of Neithavoyal Village stands closed.