N. Paul Vasanthkumar, J.

1. These matters are posted before us on the reference made by the Division Bench consisting of Mr.Justice D.Murugesan and Mr.Justice Vinod Kumar Sharma (as they then were) by reference dated 16.11.2010 to answer the following questions:

(i) Whether the earlier orders of the Division Bench in the given case have conclusively decided the issue of applicability of the provisions of Tamil Nadu Land Encroachment Act, 1905 to patta land ?

(ii) If not, whether the provisions of the Tamil Nadu Land Encroachment Act can be made applicable even to patta land ?

2. For deciding the first issue, the following facts and orders passed by this Court are to be necessarily considered.

3. The Burma Indian Co-operative House Construction Society Limited was formed with an object of rehabilitating the repatriates from Burma with the aid of the Central Government in February, 1968. The said society purchased the land to an extent of 24.57 acres situate in S.Nos.131/2A, 142, 136/1, 140/1, 141/1, 137/1, 138/2B, 136/2, 131/1A and 130 of Palavakkam Village, Saidapet Taluk and according to the Society in the year 1991 as per the orders of the Director of Rehabilitation,