If property in occupation of private parties is classified as Government poramboke, then Municipal Authorities have no jurisdiction to order eviction.

With the consent of either counsel, the main writ petitions themselves are taken up for final disposal.

2. All the petitioners herein are occupying different extents of land, by raising pucca buildings in S.Nos. 12/1 and 12/2, Ward-B, Block-12 in Kombainagar to Sengondanpalayam Road, Kailasampalayam Village, Tiruchengode Municipality.

3. One A.A.Loganathan, the impleaded fourth respondent in some of the writ petitions, who is a resident of Weavers Colony, Tiruchengode, had filed W.P. No. 32224 of 2005 before this Court, as against the District Collector, Namakkal and the Commissioner of Tiruchengode Municipality, praying for a writ of mandamus directing the respondents therein, to take emergent steps to remove the entire encroachments on the Kombainagar to Sengodampalayam Road in T.S.Nos. 12/1, 12/2 and 12/3 of Tiruchengode Municipal limits, by considering his representation dated 23.9.2005 in accordance with the provisions of the Tamil Nadu District Municipalities Act, 1920 or any other law for the time being in force, wherein this Court, by the order dated 5.10.2005, has directed the respondents therein to consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law.

4. It seems, pursuant to the said direction of this Court and considering the representation of the said A.A. Loganathan, the first respondent/the Commissioner of the Tiruchengode Municipality, has issued impugned notices to all the petitioners under Sections 182, 183, 313, 339 and 340 of the Tamil Nadu District Municipalities Act, directing the petitioners to remove the constructions within 15 days from the date of receipt of notice, on the ground that the petitioners have encroached the land and put up constructions therein, which are under challenge in these writ petitions.

5. According to the petitioners, the said area is classified as ‘poramboke’ in the revenue records and the Revenue Authorities also treated the land as ‘unassessed land’ under the Tamil Nadu Land Encroachment Act and they are in occupation of their respective lands for the last more than 30 years, by obtaining electricity and water connections and. by paying necessary B-Memo charges from 1977, apart from paying property tax to the first respondent and the respondents 2 and 3 have recognised their occupation and receiving B-Memo charges from them.

6. The petitioners would state that the above area is situated near to a small road reaching Sengodanpalayam village from the Salem Main Road, which is only a village road, width of more than 40 feet, with a minimal vehicular traffic, no bus or heavy vehicle plying in the road; that the existing road is more than enough to carry the traffic; that mainly the petitioners and other residents in that area are using the road and villagers of Sengodampalayam are using another main road to reach Tiruchengode and the occupation of the poramboke land by the petitioners is in no way affecting the vehicles or traffic nor causing any hindrances to any general public and that the lands in their occupation do not form part of the above road or road margin, but is a separate land adjacent to the road, which belongs to the Government and at any rate, the above land in the occupation of the petitioners cannot be considered as road or public street and the above land never vest with the first respondent herein.

7. The petitioners further submit that since they are residing in the above land for more than 30 years and put up pucca constructions and made improvements in the land, the above land also does not fall under the prohibitory lands and hence the petitioners and other residents in the same survey numbers, made representations to the Revenue Authorities to grant patta in their favour, which are still pending with the Revenue Authorities. Along with the writ petitions, the petitioners also filed miscellaneous petitions and obtained orders of stay, which are sought to be vacated by the first respondent/Muni