Heard both sides.

2. The petitioners are occupants of the land in Town Survey No.2/2, Block No.12, Ayynavaram Village coming under Purasaivakkam-Perambur Taluk. The petitioners were given the impugned notices dated 38. 2007 by the 1st respondent, Executive Engineer and Administrative Officer, Anna Nagar Division, Tamil Nadu Housing Board informing the petitioners that they were in illegal occupation of the said premises. They were given one week time to remove the encroachment failing which they were threatened with removal of the encroachments by the respondents, who will also collect the appropriate expenditure from the petitioners.

3. The petitioners have come forward to state that they were in occupation of the place for more than 25 years. Notices were given by the Tahsildar, Purasaiwakkam even during the years 1979, 1988 and 1998 under Section 5 of the Tamil Nadu Land Encroachment Act and penal rents were collected from them. Therefore, the assertion that the land belonged to the Tamil Nadu Housing Board was erroneous. It is also stated that the Housing Board had not followed the mandatory procedure contemplated under section 84 of the Tamil Nadu Housing Board Act,