Judgment :- Order – The Hon’ble Chief Justice 1. In this writ petition, by way of public interest litigation, the petitioner, who is an individual, seeks for the issue of a mandamus directing the respondents to restore the entire Kuttai land measuring total extent of 3.40 acres under classification of Kuttai, to its original Survey No.45/1 of Navalur Village, Chenglepet Taluk, Kancheepuram District by annulling the sub-division as Survey No.45/4 and permanently forbearing the respondents from alienating the tank to any person or department and issuing it for any other purpose. 2. The petitioner’s case is that he and his family members are the absolute owners of the land measuring a total area of 0.05.0 Hectares comprised in Survey No.45/2A (0.02.5 Hectares) and 45/2B (0.02.5 Hectares) in Navalur Village, Chenglepet Taluk, Kancheepuram District under Patta No.90 which stands in the name of his brother. The said Survey No.45 was divided into 45/1, 45/2A & 45/2B. So far as Survey No.45/1 is concerned, it is shown as Kuttai land. It is alleged by petitioner that he recently came to know that the 10th respondent is proposing to construct a Sewerage Treatment Plant in an extent of 2.74 acres, which has been carved out from Survey No.45/1. Petitioner, therefore, contended that the land, which is classified as Kuttai, cannot be used for the aforesaid purpose. 3. We have heard the learned senior counsel appearing for the petitioner and perused the writ petition. 4. In paragraph-4 of the petition, it has been categorically stated by the petitioner that the writ petition has been filed because he is not only the adjacent owner of the land, but also in the representative capacity. It is, “therefore, clear that the petitioner’s land is adjacent to the land of Survey No.45. In the circumstances, the question that falls for consideration is firstly to find out the nature of the land, which, in our view, cannot be decided under Article 226 of the Constitution of India. Secondly, according to the petitioner, the land (Survey No.45/1) is now going to be used by the Chennai metropolitan Water Supply and Sewerage Board for the construction of a Sewerage Treatment Plant. The proposed plan to construct a Sewerage Treatment Plant cannot be said to be against the public interest. 5. Secondly, according to the petitioner, the land (Survey No.45/1) is now going to be used by the Chennai metropolitan Water Supply and Sewerage Board for the construction of a Sewerage Treatment Plant. The proposed plan to construct a Sewerage Treatment Plant cannot be said to be against the public interest. 5. Considering the entire facts of the case, prima facie, we are of the view that the land, which is said to be a Kuttai, is not a tank within the meaning of Tamil Nadu protection of Tanks and Eviction of Encroachment Act, 2007. Further, the petitioner has personal interest in the matter, in as much as he is the owner of the land adjacent to the land in question, which is to be used for the construction of a Sewerage Treatment Plant. In our view, if the plant is constructed, the people at large shall be benefited. 6. For the reasons stated above, we do not find any merit in this petition, which is accordingly dismissed. No costs. Consequently, miscellaneous petition is also dismissed.