Mandatory compliance with the provisions of the Tamil Nadu Land Encroachment Act, 1905, including serving show cause notice under S. 7 and notice under S. 6(2) before eviction, is essential for lawful eviction.

ORDER :- Since the issue raised in both writ petitions is one and the same, they are being disposed of by the following common order.

2. S. Kamaraj, has filed W.P. No. 2109 of 2002 seeking to issue a writ of mandamus directing the respondent not to interfere with his lawful possession of the building in Door No. 10/780 to 7783 in Survey No. 348/1 in Pavoorchatram Village, Kulase-karapatti, Tenkasi Taluk, Tirunelveli District.

3. In W.P. No. 2401 of 2002, V. Shanmugam and 16 others joined together and prayed for similar relief as claimed in W.P. No. 2109 of 2002.

4. The case of the petitioners is briefly stated hereunder :

According to the petitioners, they were in occupation of 32 cents of land in Survey No. 348/1 in Pavoorchatram Village, Kulasekarapatti, Tenkasi Taluk, Tirunelveli District. The land in question was in occupation of the petitioners and their predecessors for more than 50 years. The 4th respondent - Kulasekarapatti Panchayat collected ground rent for the land occupied. They constructed pucca building with solid foundation in the land in question. All of them are residing in the houses constructed. The buildings were assessed to house tax and all of them are paying house tax to the 4th respondent. They also paying profession tax to the 4th respondent for the business they are carrying on in the said premises. They are having electricity and telephone connection to their buildings and paying the charges to the respective authorities till date. While so, all of a sudden, the officials of the Highways Department, Tahsildar, Revenue Divisional Officer came to the spot to demolish the buildings constructed by them on the plea that they have been directed to remove all encroachments. They resisted and highlighted their continuous possession for the last 50 years and the investment made by them. Because of the huge crowd gathered at the scene, they were left the place without doing anything. Again they came on 25-1-2002 and started demolishing some portions of the buildings, hence having no other remedy filed the above writ petitions.

5. The second respondent - Collector, Tirunelveli District has filed a counter affidavit in W.P. No. 2109 of 2002. It is stated that the petitioner, S. Kamaraj and 17 others of Pavoorchatram Village have encroached upon the Government land in Survey No. 348/1 measuring to an extent of 0.37.5 hectares and classified as Oorani poramboke by way of constructing RCC/tilled roof buildings and they were conducting business therein. Since the above land has been classified as Oorani poramoke - a water source poramboke, the encroachment of the petitioners was treated as highly objectionable and penalty was levied and orders issued to vacate the said encroachments every year. But, they have not vacated and went on enlarging their occupation by constructing additional buildings. Notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as "the Act") were served on the encroachers on 25-7-2001. As the encroachers refused to receive the notices, they were served by affixture on a conspicuous place of their business premises in the manner prescribed. No reply was received from the petitioners till the expiry period of the notice and even after the due date. Finally, notice under Section 6(2) of the Act was issued on 10-10-2001 and served on 14-10-2001, by affixure as they refused to received the notices. After issuance of notice under the Tamil Nadu Land Encroachment Act the eviction of encroachments in Government poramboke land were carried out on 18-1-2001 and 20-1-2002. The entire eviction process were over by 20-1-2002 and there was no structure in the above land on 21-1-2002. Without disclosing the real facts, the petitioners approached this Court and obtained an interim order. For the benefit of the public widening the road and for provision of bus stand etc., the land in question is absolutely required.

6. The petitioners have filed a reply affidavit disp