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2013 Supreme(Mad) 1676

High Court of Judicature at Madras
S. MANIKUMAR, J.
G. Annadurai
Versus
The District Collector, Kanchipuram District & Others
C.R.P. (NPD) No. 1633 of 2013 & M.P. No. 1 of 2013
Decided on: 18-04-2013

Advocates Appeared:
For the Petitioner:R. Margabandhu, Advocate.

Headnote:Tamil Nadu Land Encroachment Act, 1905, Sections 7 and 10 – Petitioner has filed a revision petition for a suit of declaration of title which was rejected by the Court as per the provision of S. 14 of the Act - it is held that the suit on the first place was filed due to orders being opposing for the Petitioner - the said orders are still pending before the revisional authority - Petitioner is hereby dismissed as the Petitioner has not approached the court for rectifying the order pending before the Revisional Authority.

ORDER

1. Material on record discloses that 27 cents of land in Survey No.253/2, is vested with Enjambakkam Panchayath Board. According to the Revision petitioner / plaintiff, that the panchayat passed a resolution dated 06.10.2010, expressing its willingness for assignment of house sites, in Survey No.253/2, for all those persons residing there.

2. It is also the case of the Revision petitioner / plaintiff that the Panchayat Board had informed that one Rajan Nagar and Selva Nagar Association in its letter dated 15.10.2010, has sought for removal of encroachments. It is the case of the petitioner that he has put up construction prior to 1976. He has been given ration card and that the names of the occupants have been included in the voter's list. Electricity Board Service connection is also given to the occupants. According to him, he has been in continuous possession and enjoyment of the property for more than 30 years and hence he has perfected title by adverse possession.

3. In the above said circumstances, he has filed a suit before, the learned Subordinate Judge, Tambaram, for a declaration of his title to the suit property and for an injunction restraining the District Collector, Kancheepuram District, Kanceepuram, the Tahsildar, Shozhinganallur Taluk, Kancheepuram and the Commissioner, Chennai Corporation, Chennai, the defendants therein, from any manner interfering with his peaceful possession and enjoyment of the suit property and for costs.

4. Reading of the plaint averments shows that one Rajan Nagar and Selva Nagar Welfare Association has filed W.P.No.31073 of 2007, seeking for a direction against the District Collector, Kancheepuram District, Kanceepuram and the Tahsildar, Shozhinganallur Taluk, Kancheepuram, the 1st and 2nd defendants therein, to remove the illegal encroachments in Vettuvangan Enjambakkam Link road measuring 17 feet breadth and 500 feet length. It is the case of the Revision petitioner / plaintiff, that the learned Special Government Pleader, High Court, Madras, who appeared for the respondents therein, informed this Court that proceedings have been initiated under the provisions of the Tamilnadu Encroachment Act. Recording the above said statement, this Court has disposed of the writ petition.

5. The plaint averments further state that on the basis of the representation made to the Estimate Committee of Tamilnadu Assembly, the Committee has inspected the suit property and other properties and recommended for assignment of house site patta to the plaintiff and other occupants.

6. According to the Revision petitioner / plaintiff, the Joint Secretary to the Government in his letter dated 10.02.2009 and by another communication dated 03.12.2009 has decided to grant house site patta and that the same amounts to Promissory Estoppel against the District Collector, Kancheepuram District, Kanceepuram, the Tahsildar, Shozhinganallur Taluk, Kancheepuram and the Commissioner, Chennai Corporation, Chennai, the defendants in the suit. While so, the Tahsildar, Shozhinganallur Taluk, the 2nd defendant / 2nd respondent, in this revision has issued a notice under Section 7 of the Tamilnadu Land Encroachment Act, 1905 and also passed an order on 20.06.2008 and thereafter, issued an order under Section 6 of the Act. It is the case of the Revision petitioner / plaintiff that only from 20.06.2008, for the first time, the respondents 1 and 2 have started disturbing the peaceful possession and enjoyment of the plaintiff, who has perfected title to the suit property by adverse possession.

7. It is the further contention of the Revision petitioner / plaintiff that an appeal under Section 10 of the Act has been preferred to the District Collector, Kancheepuram District, Kancheepuram. The Collector has personally inspected the suit properties and found that the plaintiff had constructed a terraced house and whereas, an order dated 21.12.2011, has been passed stating that there is no provision for grant of patta.

8. According t







































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