R.K. Agrawal, A.C.J. & N. Paul Vasanthakumar, J.

1. This writ petition is filed to quash the order dated 12.2.2013 passed by the second respondent giving direction to the petitioner to vacate the encroached land of 0.05.0 Ares in S.No.78/3 and 0.03.0 Ares in S.No.77/3 of Kilpennathur, Tiruvannamalai Taluk, belonging to the Registration Department within two days, failing which the petitioner will be evicted forcibly.

2. The case of the petitioner, who is aged 81 years, is that he is residing in the subject lands by putting up construction for over a period of 70 years i.e., from the period of his father viz., Rengaswamy. The petitioner, his sister Sampoornam, her daughter Kalaiarasi and Mangai are in occupation of the said lands and the said lands are Government lands. The petitioner belongs to harijan community. A hut was put up by the petitioner's father, which was subsequently replaced as a permanent structure, about 50 years ago. Petitioner and his family is not having any other land and the petitioner and two others applied for issuing patta for portion of the said land. Kilpennathur Panchayat Union passed resolution vide Resolution No.45 on 30.12.1975 recommending to issue patta. Electricity service connection was given in the name of the petitioner bearing Service Connection No.725 in the year 1985. Water supply connection was also given to the said house by Kilpennathur Panchayat. The Panchayat also assessed property tax to the said house bearing Assessment No.2652 and house tax is being collected periodically by the Panchayat. Petitioner was earlier informed that the lands have been allotted for construction of Sub-Registrar's office as per the revenue records.

3. Petitioner and other family members sent joint representation on 18.1.1993 to the Revenue Secretary and requested to issue patta, as patta was issued to similarly placed persons, who were in occupation of Kulam Poromboke behind petitioner's house. On 11.5.1993 and 3.5.2000, Tahsildar informed that the Revenue Department is unable to issue patta to petitioner and others. On 12.2.2013 all of a sudden, the Sub-Registrar Kilpennathur issued the impugned eviction order giving only two days time to vacate, without following the due process of law viz., provisions of the Tamil Nadu Land Encroachment Act, 1905. On 13.2.2013 petitioner, through his counsel, sent a representation to provide 15 days time to give proper reply along with supporting documents. No action being taken and petitioner apprehending demolition of the house and forced eviction, filed this writ petition on 15.2.2013, which was posted for hearing on 20.2.2013 on which date, an order of status-quo was ordered.

4. The second respondent filed counter affidavit stating that the lands in question are owned by the Registration Department. The Government also sanctioned funds for construction of new building for the Sub-Registrar's office. Hence the Sub-Registrar issued proceedings on 12.2.2013 directing the petitioner to vacate the lands in question and the petitioner having not vacated within two days, the building was demolished on 19.2.2013 and the place is now vacant. A photograph showing demolition of the building is also filed in the typed set of papers.

5. In the light of the above said averments the point to be determined in this case is as to whether the eviction proceedings initiated against the petitioner and the order passed are valid or not.

6. The possession of the petitioner and his father for several years is established by the grant of electricity service connection by the Tamil Nadu Electricity Board and water supply connection by the Panchayat. The petitioner is also paying house tax to the Panchayat. As on 12.2.2013, petitioner was in possession of the land and building is not disputed. In the impugned order itself it is clearly stated that the petitioner, who is in possession of the land and building should vacate within two days, failing which he will be forcibly evic