The State Government has come forward with this civil revision petition to strike of the plaint filed by respondents herein seeking the relief of permanent injunction restraining the state from interfering with their possession. According to the petitioners the subject matter of the land in dispute is classified as Kattalai Vaikal and a portion of the same has been encroached by Respondents/Plaintiffs. The Petitioner herein have initiated proceedings, by giving notice for removal of encroachment under the provisions of The Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975, in pursuant to the direction of the Hon'ble Division Bench of this Court made in W.P. No. 12178 of 2012 filed by one M. Mahendran. This Court directed to complete the said excise within period of three months. Accordingly notice was issued under Section 4 of The Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975.

2. Challenging the same the respondents herein had filed batch of writ petitions in W.P. Nos. 21075 to 21086 of 2017 with a prayer for mandamus restraining these petitioners from dispossessing the respondents without following due process of law. This Hon’ble Division Bench of this Court was pleased to disposed the writ petition on 15.07.2017 directing the respondents herein to submit their representation within 10 days and further directing the petitioners to consider the representation to be submitted by them and pass a reasoned speaking order within a period of three months thereafter. Till the final order is passed the possession of respondents shall not be disturbed.

3. It is the case of the petitioners that the respondents have not given any representation in pursuant to the above proceedings but they have filed the suit for permanent injunction in O.S. No. 956 of 2017 on the file of the learned Sub Court, Karur, suppressing the writ proceedings and order passed therein and obtained ex-parte order of status quo. The jurisdiction of civil court is barred under Section 15 of The Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975, [herein after shortly called as Act] as such the suit itself is not maintainable but suppressing the writ proceedings and by abusing the process of Court the Civil Suit has been filed and thus prayed for strike of the plaint.

4. I heard Mr. Aayiram K. Selvakumar, learned Additional Government Pleader for the petitioners and Mr. M. Bindran, learned counsel for the 13th respondent in both the CRPs and perused the entire materials available on record.

5. The learned counsel for the petitioners heavily relied upon Section 15 of the Act and submitted that suit filed by the Respondent is the clear case of abuse of process of law and by suppressing the writ proceedings and obtained the order of states quo, which is against the order of Division Bench of this Hon’ble Court and thus the plaint is liable to strike off.

6. The learned counsel for the Respondents is not in a position to say anything in respect of the suppression of writ proceeding, however submitted that the suit could be maintained as the property is the Natham Land and it is the ancestral property belong to them and thus prayed to dismiss the petition.

7. This Court has perused the plaint and the type set of papers. The Perusal of the order passed in W.P. No. 12178 of 2012 and 21075 of 2017 etc. confirms the submission of petitioner herein, that the suit for permanent injunction in O.S. No. 956 of 2017 on the file of the learned Sub Court, Karur, was filed suppressing the writ proceedings and order passed therein and obtained ex-parte order of status quo. Nothing about the writ proceedings mentioned in the plaint and it confirms that the process of law is abused by the respondents, by obtaining the interim order of status Quo. The Respondents have not even given any survey number for the suit property and the description of property alleged to be belong to them has also not mentioned specifica