"Instead of terming the members of the petitioner-Association as 'Land Encroachers', they have to be called 'Land Grabbers', who are before this Court by way of this Writ Petition".

The petitioner-Association has come forward with this Writ Petition praying for issuance of a Writ of Certiorari to call for the records of the first respondent in proceedings in G.O.Ms.No.649, dated 29.12.2003, Revenue (Ni.Mu.1(1)) Department and quash the same.

2. At the time of hearing the case, I have posed a question to the learned counsel for the petitioner that, as the issue involves the question of 'encroachment of the land', the matter needs to be heard by a Division Bench, to which learned counsel for the petitioner submitted that the abovesaid G.O. in G.O.Ms.No.649, dated 29.12.2003, Revenue (Ni.Mu.1(1)) Department, is under challenge and if the matter if referred to Division Bench, and if any adverse orders are passed by the learned Single Judge, the right of Intra-Court Appeal would be deprived to the parties.

3. It is the averment of the petitioner that the petitioner-Association is registered under the Societies Registration Act with Registration No.416/90 and it consists of 97 members. According to the petitioner-Association, its members are in possession of the property comprised in Survey No.333, Velacherry Village, Mambalam-Guindy Taluk, Chennai. The members of the petitioner-Association approached the Government for grant of Patta in respect of the land under their respective possession. The first respondent passed order in G.O.Ms.No.862, Revenue Department, dated 07.08.1992, wherein each member of the petitioner-Association was allotted one cent in respect of the land comprised in the said S.No.333. It is further stated that the third respondent has granted Patta to the members of the petitioner-Association and the members have been in possession and enjoyment of the land by putting up superstructure and Asbestos shed under their respective possession. It is further stated that the Government had acquired the lands by G.O.Ms.No.15, Revenue Department, dated 12.01.2000 for the purpose of MRTS, Phase-II Scheme and in the said G.O., there is no reference about the requirements of the land comprised in S.No.333. The land comprised in S.No.333 is measuring 4 acres 87 cents. The third respondent prepared a lay-out and as per the lay-out, 1 acre 50 cents were allotted to the members of the petitioner-Association. The remaining lands in the said Survey Number vest with the Government. It is the stand of the petitioner-Association that the land assigned to its members is not required for MRTS, Phase-II Scheme.

4. It is further stated by the petitioner-Association that at the instance of the third respondent and Railway Officers, the Corporation of Chennai, on 07.06.2001, caused demolition notice to the members of the petitioner-Association, leading to the filing of a Civil Suit in O.S.No.2963 of 2002 on the file of the City Civil Court, Chennai, against the first respondent and others. In the said suit, an application was filed in I.A.No.8581 of 2002 for interim injunction against the respondents herein and others. The said suit itself is filed for permanent injunction. In the said suit, the respondents 1 to 3 are represented by the Government Pleader, City Civil Court, Chennai. In the said suit, the Civil Court granted interim injunction on 29.08.2003 in I.A.No.8581 of 2002. During the pendency of the said suit, the third respondent has issued a notice on 25.07.2003 under Section 7 of the Tamil Nadu Land Encroachment Act, to all the members of the petitioner-Association, whereby the possession of the said land had been termed as unauthorised occupation by the members, and the members of the petitioner-Association gave reply to the said notice. The petitioner-Association through its President, made a representation to the se