S. VAIDYANATHAN, J.

1. The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Certiorari to call for the records of the respondents 1 and 2's eviction notice in Na.Ka.No.04/2010, dated 08.10.2010 and quash the same.

2. Since the third respondent is residing in S.No.304 of Nerkundram Village belonging to the Tamil Nadu Housing Board where the writ petitioner had encroached 20 feet Road and constructed her house and prevented others from using the road, and during the pendency of the Writ Petition, as there was no objection on behalf of the writ petitioner and the respondents 1 and 2, the third respondent is impleaded, vide order dated 10.01.2018 passed in W.M.P.No.786 of 2018 in W.P.No.24693 of 2010.

3. It is the case of the petitioner that she is residing in the property in S.No.304 and had been paying house tax to the local body and obtained the electricity service connection and that she has not encroached the road. She was in possession and enjoyment of the property for more than twenty years and that there is a patta issued to two persons. There is a patta in the name of the petitioner. According to the petitioner, the respondent-authorities are trying to evict the petitioner and also trying to demolish the property. It is further stated by the petitioner that an eviction notice dated 17.09.2010 was issued to the petitioner stating that she had encroached the road and constructed the house and that if the petitioner fails to vacate the premises on his own, proper steps would be taken to evict him. It is further averred by the petitioner that no proper procedures had been followed before issuing the said eviction notice and without verification of the Revenue Records, steps have been taken to evict the petitioner. According to the petitioner, there is no mention about the survey number and the road in which the petitioner has encroached, which would entitle the petitioner to succeed and this Court may quash the impugned order. It is further submitted that the property is a private property and that the respondents 1 and 2 have no right whatsoever to evict the petitioner from the private property. It is also stated that there is violation of principles of natural justice and that the petitioner has not encroached upon the property and hence, the impugned notice dated 08.10.2010 is liable to be quashed.

4. The Nerkundram 1st Grade Panchayat / Villivakkam Panchayat Union, got merged with the Corporation of Chennai, which has filed counter affidavit stating that the land comprised in S.No.304 in Nerkundram Village, Maduravoyal Taluk, belongs to the Tamil Nadu Housing Board as per the Revenue Records. The writ petitioner has encroached 20 feet which had neither been handed over nor gifted to the Corporation of Chennai. However, the Tami Nadu Housing Board has given No Objection Certificate dated 18.10.2016 for laying the road in the land comprised in S.No.304. In fact, there was a complaint from one Mr.Venkatesan (impleaded third respondent) to the District Registrar on the issuance of purported sale deed, based on which, the writ petitioner has encroached upon the land. The petitioner has occupied 20 feet road and the impugned notice to evict the petitioner who is an encroacher, is not illegal. As the prayer fought for by the petitioner is devoid of merits, the Writ Petition may be dismissed.

5. Learned counsel for the impleaded third respondent submitted that the third respondent is one of the residents and that he has given a complaint, based on which, action has been taken and there is also a suit in O.S.No.100 of 2017 pending on the file of the District Munsif Court, Poonamallee, which is filed by the writ petitioner much later to the filing of the present Writ Petition and that after verification of the files and records, the authorities have decided to remove the encroachment made by the writ petitioner.

6. Heard both sides and perused the materials available on record.

7. Admittedly,