The presence of a genuine title dispute can prevent the application of statutory powers to evict unauthorized occupants, emphasizing the importance of fair adjudication in property disputes.

G.R. SWAMINATHAN, J.

1. The writ petitioner is a Charitable Trust. It owns 20 cents of land. in Survey Nos.1/1 Part and 3/1 Part and 7 in Villapuram Village, Madurai South Taluk. It constructed a few shops in the said survey numbers after obtaining permission from the Madurai Corporation way back in the years 1974 and 1980. The rent received from the said shops is utilized for funding its religious and charitable activities. On the 4th day of annual Chithirai festival celebrated in Madurai, Goddess Meenakshi visits the Pavakkai Mandapam situated in the said land. The adjoining lands are owned by Tamil Nadu Housing Board. Since there was no right of access from the highway, the petitioner Trust at the request of Madurai Corporation executed a sale deed dated 29.04.1994 in favour of the first respondent Board conveying a portion of their land measuring 572 Sq. ft.

2. While so, at the instance of the second respondent herein, the first respondent Board issued the impugned communication dated 02.03.2017 calling upon the trustee to remove the shops in question. The first respondent has stated in the impugned communication that the shops in question have been unauthorizedly put up on the land belonging to the first respondent Board. It is made clear in the said communication that if the petitioner does not remove the shops, the same would be demolished with the aid of police and taken possession thereafter. Aggrieved by the said communication dated 02.03.2017, the petitioner Trust filed this writ petition.

3. It is the stand of the writ petitioner that the land in question is their absolute property. They have enclosed materials dating back to 1969. The trust itself is a very old one. The trust had applied under the provisions of Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 and obtained patta for an extent of 10 cents in Survey No.1/1 Part, 6 cents in 3/1 Part and 4 cents in Survey No.7 Part (Total 20 cents) in Villapuram Village. They have enclosed a copy of the proceedings bearing R.Dis.3405/G/74, dated 28.02.1974. The Assistant Settlement Officer, Madurai-2 had recommended grant of patta in favour of the trustee of Pavakkai Mandapam Trust. That is how, patta came to be issued in favour of the Trust way back on 09.04.1974. The petitioner has also enclosed the correspondence that took place between them and the Madurai Corporation for conveying a portion of their land measuring an extent of 572 Sq. ft in favour of the first respondent Board. It is also a matter of record that the shops in question were constructed only after getting prior approval from the local body. While so, it appears that the second respondent has been complaining to the authorities that the petitioner Trust had committed encroachment on the lands belonging to the Tamil Nadu Housing Board. That led to be initiation of the present proceedings by the first respondent.

4. The first respondent Board had filed their counter affidavit. In the counter affidavit, the first respondent placed reliance on the proceedings of the District Collector, Madurai dated 17.02.1988 where under permission was accorded to the Board to enter upon the land measuring an extent of 54.87 acres in S.No.1/1 in Villapuram village and an extent of 220.46 acres in S.No.411/1 in Avaniapuram village. According to the first respondent, the entire S.No.1/1 of Villapuram village belongs to the Housing Board.

5. In view of the said proceedings of the District Collector, Madurai, the first respondent had issued show cause notice dated 29.07.2016, directing the writ petitioner to furnish documents to prove their right over the same. Since no reply was received, the impugned order came to be passed. The first respondent prayed for dismissal of the writ petition.

6. Heard the learned counsel for the parties.

7. Tamil Nadu Housing Board is a body corporate having been constituted by the Tamil Nadu State Housing Board Act, 1961. It is a self contained Statute. The Act enables the