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2008 Supreme(Mad) 1438

P.K.MISRA, K.CHANDRU
Sivakasi Region Tax Payers Association – Appellant
Versus
The State of Tamil Nadu, rep. by its Secretary to Government & Others – Respondent


Advocates Appeared:
For the Petitioner:R. Janakiraman, Advocate, N.R. Chandran Senior Counsel for L.G. Sahadevan.
For the Respondents:P.S. Raman, Addl. Advocate General, Assisted by M. Dhandapani, Special Government Pleader M.V. Venkataseshan, Venkatakrishnan, R. Subramanian, R. Subramaniam, Advocates.

Judgment :-

P.K. Misra, J

W.P.NO.16636 of 1995 has been filed by Sivakasi Region Tax Payers Association for issuing a writ of Certiorarified Mandamus for quashing G.O.Ms.No.867 dated 19. 1995 and for a further direction to remove the encroachments in Siru Kulam Kanmai situated at Sivakasi Town in Survey No.579.

W.P.No.22274 of 2007 has been filed by the very same Association for issuing a writ of Certiorari for quashing G.O.Ms.No.854 Revenue Department dated 30.12.2006.

2. The relevant portion of G.O.Ms.No.867 dated 19. 1995, impugned in W.P.No.16636 of 1995, is extracted hereunder :-

"5. The Government considered the report submitted by the Commissioner for Land Administration. In the Siru Kulam Kanmai Poramboke, out of the 138 encroachments, 93 are residences, 36 are industries and 9 other encroachers. The above encroachments are near the banks of the Kanmai and they are there for the past 25 years. In this 102 encroachers were given Electricity connections, 2 encroachers were given water connection, 10 encroachers were given telephone connection. Apart from houses, there is one Mid-Day Meals Centre, Government Hostel for Ladies and a temple are there. When action was taken to remo




























































































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