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2013 Supreme(Mad) 3236

R.K.AGRAWAL, M.SATHYANARAYANAN
D. Shankar – Appellant
Versus
Special Commissioner & Commissioner for Land Administration Chepauk – Respondent


Advocates appeared:
For the Petitioners:V. Ragavachari for M/s. S. Sithrai Anandan, S.V. Jayaraman, Senior Counsel for P. Veeraragavan, Advocates.
For the Respondents:R1 to R5, T.N. Rajagopalan, Special Government Pleader, R4 & R6, R. Thiagarajan, Senior Counsel for V. Ramajagadeesan, R5, K.R. Muthukrishnan, Advocates, R7, No appearance.

JUDGMENT

1. All these writ petitions are disposed of by this common order, since the issues for adjudication, are one and the same.

2. PRAYER:

In all these writ petitions, the respective petitioners prayed for quashment of the proceedings initiated under the provisions of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act 3/1905).

3. BACKGROUND FACTS AND SUBMISSIONS:

(a) In W.P.No.22984/2011, the petitioner is D. Shankar, adopted son of Tmt. Krishnaveni Ammal, and according to him, his family is in occupation of “Grama Natham” for over six decades and the revenue records show that he and his predecessor in title are the occupants of the property at Town Survey No. 11, 12 and 13 of Block 9, Saligramam Village, Egmore, Nungambakkam, Chennai and as per the revenue classification, it is a Gram Natham and not a “Poramboke Land” that falls within the ambit of the provisions of the Tamil Nadu Land Encroachment Act, 1905, (in short, Land Encroachment Act).

(b) The petitioner would further state that once the property is classified as Grama Natham, it cannot vest with the Government under Section 3(b) of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, and co


































































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