Disputed questions of fact cannot be adjudicated in a writ petition under Article 226 of the Constitution of India without adequate supporting evidence.

The petitioner has sought for a mandamus, forbearing the respondents from evicting the petitioner from Door No.2/417E and 2/417F, Old S.No.375/1, New.S.No.59/2 at Kilinjada, Hulical Town Panchayat, Coonoor Taluk, Nilgris District.

2. According to the petitioner, he is residing in S.No.2/417E and 2/417F at Kilinjada, Hulical Town Panchayat, Coonoor Taluk, Nilgris District. He had put up, houses measuring 200 sq.ft and 100 sq.ft. He has also grown orange, mango and other fruit bearing trees. He has been issued B-Memos by the revenue department.

3. It is the grievance of the petitioner that without adhering to Sections 6 & 7 of the Tamilnadu Land Encroachment Act, the revenue officials, attempted to forcibly evict the petitioner and others and hence, he was constrained to prefer W.P.21432 of 1994. This Court, after hearing both parties, by its order dated 22.12.1994, directed the respondents therein to pass appropriate orders after considering the reply to be submitted by the petitioner therein.

4. It is the further case of the petitioner that prior to institution of the writ petition, there was a threat of eviction in 1989 and that he has preferred O.S.No.165 of 1989 on the file of the learned District Munsif, Coonoor, for a permanent injunction restraining the defendants therein from interfering with his possession and enjoyment of the property. On the dependents remaining exparte, the suit was decreed on 08.01.1991. While that be so, on 22.10.2003 about 11.00 am., the Tahsildhar, Coonoor, Nilgris and the Forest Range Officer, Coonoor, Nilgris, the 2nd and 3rd respondents, started demolishing the house and uprooted the fruit bearing trees, despite protest. The 3rd respondent claimed that the land belonged to the Forest Department.

5. According to the petitioner, he is in possession and enjoyment of the property in Door No.2/417E and 2/417F, Old S.No.375/1, New.S.No.59/2 at Kilinjada, Hulical Town Panchayat, Coonoor Taluk, Nilgris District, for many years and that he has also obtained a decree in O.S.No.165 of 1989 dated 08.01.1991.

6. In addition to the above pleading, Mr. Arokia Maniraj, learned counsel for the petitioner submitted that when this Court in W.P.No.21432 of 1994 dated 23.12.1994 quashed the notice issued under Section 6 of the Tamilnadu Land Encroachment Act and that a further direction was given to adhere to the statutory provisions, it is not open to the revenue officials to take the law into their own hands and attempt to evict the petitioner, causing damage to the house as well as the fruit bearing trees. He also submitted that as violation of the decree for permanent injunction is per se apparent, the respondents have even committed the act of contempt. In these circumstances, he submitted that unless a writ of mandamus is issued, it would cause serious injury and hardship.

7. The Collector, Nilgris District, in his counter affidavit has submitted that the petitioner has constructed two houses measuring 200sq.ft and 100sq.ft, respectively and grown some fruit bearing trees in S.No.805/1 of Adhigaratty-II Village in Coonoor Taluk. According to him, the land has been notified as "Suttan Chola Reserve Forest" and that the encroachment was objectionable. The District Collector, Nilgris District has denied the contention that B-Memo has been issued in respect of S.No.805/1 of Adhigaratty Village. He further submitted that notice under Section 68(A) of Tamilnadu Forest Act, 1882 dated 16.03.2000, has been served. After following the statutory provision eviction proceedings were executed by the Forest Officials and not revenue officials. The District Collector has further submitted that penalty for encroachment has been collected only in rest of S.No.375/1 and not for the land in S.No.805/1 of Adhigaratty Village, which is a "Suttan Chola Reserve Forest" land.

8. As far as the decree is concerned, the 1st respondent has submitted that the permanent injunction in O.S.No.165 of 1989, on the file of th