M. Venugopal, J.

1. The Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in calling for the records relating to the impugned order of eviction passed by the Second Respondent dated 30.01.2015 and to quash the same. Further, he has sought for issuance of direction to the Respondents not to evict him from Natham Poramboke Land in his occupation in Survey No. 343/9, Thoppampalayam Village, Sathyamangalam Taluk, Erode District.

The Summation of Facts:-

2. According to the Petitioner, he is the owner of the house site in Survey No. 343/3, Thoppampalayam Village, Sathyamangalam Taluk, Erode District. Further, the aforesaid land is classified as Natham and a patta was also granted in his favour in Natham Settlement Scheme Patta No. 178 by the Special Tahsildar, Natham Settlement Scheme. Adjacent to his property, a small extent of land in S.F. No. 343/9 is in possession and occupation of his family from time immemorial, which is also classified as 'Natham Poramboke'. Although the aforesaid land is in their possession, in the revenue records, it was wrongly mentioned as pathway whereas a part of the residential house is situated in the said survey number and it was never used as pathway.

3. Earlier, the Fourth Respondent filed the Writ Petition before this Court in W.P. No. 27161 of 2014, seeking direction to the revenue authorities to remove the construction made by the Petitioner in the aforesaid survey number and impleaded him as Fifth Respondent. At the time of disposal of the Writ Petition, it was represented that already Revenue Divisional Officer, Gobichettipalayam initiated action and based on the same, this Court was pleased to pass a final order in the said Writ Petition on 06.11.2014 which runs as under:-

"3. Based on the representation of the petitioner, the Revenue Divisional Officer, Gobichettipalayam, issued a memo to the Tahsildar on 26.08.2012, seeking a report. A reminder was also sent on 28.08.2013 and no report having been sent, the matter is pending.

4. Since the Revenue Divisional Officer, Gobichettipalayam, the 3rd respondent herein has already initiated action, without expressing anything on merits, he is directed to consider the representation submitted by the petitioner dated 20.08.2013 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after hearing the petitioner as well as the 5th respondent."

4. When that be the fact situation, the Third Respondent/Revenue Inspector, Bhavani Sagar, Erode District had issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 to the Petitioner on the basis that he has been in possession and enjoyment of the Government land and further, directed him to show cause why he should not be evicted and also, directed him to give his objection if any on or before 28.01.2015. Since after receipt of the notice, he had given a reply to the Respondents 2 and 3 on 28.01.2015 stating that the aforesaid land is in their possession and occupation for more than 100 years and it is classified as Natham and the land was never used as pathway. Moreover, he had requested them to conduct a full fledged enquiry by affording personal hearing enabling him to satisfy the authorities. However, without considering none of his objections and without conducting any enquiry whatsoever, the Second Respondent had passed an impugned notice dated 30.01.2015, directing the Petitioner to evict the premises within 15 days and further, he was informed that failing which, he would be evicted by the Third Respondent. In fact, the said notice was issued in printed format without considering any of his objections and also, without following the direction issued by this Court in W.P. No. 27161 of 2014.

5. In effect, the plea taken on behalf of the Petitioner is that the impugned order of eviction passed by the Second Respondent dated 30.01.2015 is per se illegal, a