The main legal point established in the judgment is that the interest of the members of the petitioner Association will be protected as the encroachers found to be eligible will be given accommodation in the newly constructed tenements, and the respondents are directed to explore the possibility of providing alternate accommodation to the members of the petitioner Association and other similarly placed persons who are residing in the lands in question till the completion of the project and allotment.

1. The petitioner Association representing the cause of their members, who are residing in Nookampalayam, Anna Street, Nethaji Nagar, Muthamil Nagar, Krishnaveni Nagar coming under Ward No.3 in poromboke land Survey Nos.536, 537 and 538 of Perumbakkam Panchayat, Sholingnallur Taluk, Kancheepuram District, had filed this writ petition praying for quashment of G.O.Ms.No.393 dated 19.8.2010 passed by the 1st respondent and consequently directing the 3rd respondent to grant patta in respect of the land in Survey Nos.536, 537 and 538 by implementing the G.O.Ms.No.854 Revenue 1(2) Dept. dated 30.12.2006, G.O.Ms.No.34 dated 23.01.2008 and G.O.Ms.No.43 dated 29.1.2010 passed by the Revenue LD.1(2) Department.

2. The facts necessary for disposal of the writ petition are as follows:

2.1. According to the petitioner Association, it is registered under Tamil Nadu Societies Registration Act, 1975 and it has been formed to take care of the needs of the people, who are residing in the above said places.

2.2. The petitioner would aver that the members of the petitioner Association are poor and down trodden and they are socially and economically backward and they are below the poverty line and most of them are struggling for the basis needs i.e., food, cloth and shelter. It is further averred that the members of the petitioner Association have been occupying small areas of poromboke lands for more than 15 years and by constructing permanent structures, they are residing in their respective houses and they are residing within Survey Nos.536, 537 and 538 of Perumpakkam Village. The said lands are poromboke lands and classified as Tharisu, coming under Ward No.3 in Perumpakkam Panchayat.

2.3. The petitioner would further aver that the above said residents are provided with electricity connection, family card, voter identity card and almost all of them are paying property tax to the local bodies and it has also constructed three water tanks to provide water supply to the residents. The Honble Minister for Housing Board, Government of Tamil Nadu has also promised the residents that the Government will build houses for them or they will be provided with 2 cents of land each. The children of the residents are studying in local school and there are temples, mosques and churches to cater to the religious needs of the residents.

2.4. During August 2009, the Government authorities came to Nethaji Nagar and Krishnaveni Nagar all of a sudden and demolished more than 500 houses without any notice whatsoever and when the residents questioned, they were informed that the 4th respondent is going to construct tenements.

2.5. According to the petitioner, the residents are entitled to patta in terms of the above said G.Os and the action on the part of the Government authorities are high-handed. Therefore, the petitioner came forward with the present writ petition.

3. In the typed set of papers filed along with this writ petition, copies of ration cards, property tax receipts, electricity board white cards have been enclosed to substantiate the contention of the petitioner.

4. The petitioner has filed an affidavit dated 25.3.2010, alleging that though they had obtained ad-interim injunction in respect of the above said Survey Nos., some of the residents in Survey No.538 were evicted by the 4th respondent on 20.2.2010 and 21.2.2010 and the water supply are also disconnected and so also the electricity supply. Therefore, prayer has been made to restore the electricity service connection and the water supply.

5. This Court vide order dated 25.3.2010, has appointed an Advocate Commissioner to ascertain whether the electricity and water supply are disconnected and as to the present status. In pursuant to the warrant issued by this Court, the Advocate Commissioner has visited the spot and filed his report dated 26.3.2010 stating that out of 11 electricity service connections in Survey No.538, power is available only in respect of 2 houses and that all