(W.P.No.1964 of 2005:

Petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus or any other writ, order or direction in the nature of writ forbearing the 2nd, 3rd, and 4th respondents from demolishing or evicting or dispossessing any person from his or her dwelling house situated in Poramboke lands in Rajapalayam Taluk for which tax has been assessed by the 4th respondent Municipality.

W.P.No.2100 of 2005:

Petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus or any other Writ or direction in the nature of Writ forbearing the Respondents No.1 to 3 from evicting and demolishing the houses of the permanent residents of Kodaikanal whose houses are assessed to property and house taxes by Respondents No.1 to 3 except by due process of Law.)

Common Order

These two public interest litigations have been filed on behalf of some of the residents of Rajapalayam in Virudhunagar District and Kodaikanal in Dindigul District respectively. The questions raised in both the writ petitions being similar, such petitions were heard together and shall be disposed by the common order.

2. W.P.No.1964 of 2005 has been filed by a resident of Rajapalayam, who is running a Social Welfare Organisation, seeking prevention of eviction of poor people who are in occupation of Government poramboke lands in Rajapalayam Municicipal Area. It has been stated in the affidavit that Malayadipatti Village in Rajapalayam Municipality has a total population of about 20,000 and even today, the authorities of the temple are demanding lease amount from the people stating that the lands are temple lands and on the other hand the fourth respondent Municipality continues to assess and collect property tax from the people. It is further stated that the other areas like Avarampatti, Suraikaipatti, Ooranipatti, Amman Pottal Street, Sammandhapuram, Madasamy Koil Street public are also similarly placed and most of them do not have lands of their own and in all these areas there are nearly about 30,000 families who have put up houses in poramboke lands and the fourth respondent Municipality had also assessed and is collecting house tax from them.

2.1. It is stated by the petitioner that in view of the orders passed by this Court in W.P.No.689 of 2005 on 02.02.200t and 17.02.2005 and the subsequent orders in W.P.No.1130 of 2005, dated 25.02.2005, the fourth respondent Municipality is now taking emergent and indiscriminate steps to evict thousands of families who have constructed houses in poramboke lands which they have been occupying for generations. It is further stated that their names are found in voter's list, they have ration cards, they are enjoying water supply connection and their houses have been assessed to tax by Municipality. The specific prayer in the writ petition is to

"..... issue a writ of mandamus or any other writ, order or direction in the nature of writ forbearing the 2nd, 3rd, and 4th respondents from demolishing or evicting or dispossessing any person from his or her dwelling house situated in Poramboke lands in Rajapalayam Taluk for which tax has been assessed by the 4th respondent Municipality ......"

3. W.P.No.2100 of 2005 is filed by the Secretary, Kodaikanal Permanent Residents Welfare Association, which is a Society, registered under the Societies Registration Act. It is claimed that such writ petition has been filed in public interest against the action of respondent Nos.1 to 3 who made announcement by way of public address system in 16.03.2005 to evict the permanent residents including persons from Tribal Communities who have been residing at Kodaikanal for generations and their houses are assessed to municipality taxes and the respondent No.3 seeks to demolish the permanent dwelling houses of about ten thousand residents of Kodaikanal without giving any reasonable notice and without providing any alternative accommodation and hence this writ petition.

3.1. In the