P.K.MISRA
K. M. Nalinishree – Appellant
Versus
Government of Tamil Nadu – Respondent
1. Heard the learned counsel for the parties. Though the matter was listed for direction, in view of the fact that the question involved being the same for consideration of stay as well as for the disposal of the writ petition, by consent of both the counsel appearing for either parties, the writ petition itself is taken up for disposal.
2. The husband of the present petitioner was serving under the Indian Air Force. On 31.3.1967, the land measuring 3.89 acres in No.7, Karanipuduchery, Chengalpattu Taluk was assigned in favour of late Madhavan, the husband of the present petitioner free of cost for his meritorious service during wars. In 1988, proceedings were initiated by the Deputy Tahsildar, Chingleput for transfer of patta in favour of the late husband of the petitioner. While matters stood thus, Writ Petition No. 10733 of 1993 was filed by the late husband of the petitioner for a direction to remove all the encroachments made by the Forest Department. During the pendency of the said writ petition, the husband of the petitioner having died, the present petitioner was substituted. In the aforesaid writ petition, a counter affidavit was filed stating that in lieu of the
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