THE MERE POSSESSION OF THE LAND WILL NOT CONFER ANY RIGHT OR TITLE OVER THE GOVERNMENT LAND HELD BY THEM.

1. The Notices issued under Section 6 & 7 of the Tamil Nadu Land Encroachment Act, 1905 by the Tahsildar in proceedings dated 31.05.2005 & 25.02.2005 are under challenge in these writ petitions.

Pleadings of the writ petitioner:-

2. The learned counsel for the petitioner states that the petitioner is a Shree Agarwal Sabha, represented by Mr. Mohanlal Sharaf, which is a registered Sabha under the provisions of the Tamil Nadu Societies Registration Act.

3. It is contended that the donors had purchased the property for a valuable consideration with specified boundaries as ear marked in the documents bonafidely purchased from T.A.S. Rathinam and 12 others. The land in question was originally belongs to one Mr. Jayaram Nadar and his brother Mr. Srinivasa Nadar as a joint family property, who had resided at No.7, Kollalar Street, Tondiarpet, Chennai. Mr. Jayaram Nadar died intestate leaving behind his wife Mrs. Rajammal. The total land owned by Mr. Jayaram Nadar and others approximately to an extent of 13 Acres and 40 Cents, out of which 1/12th undivided share of i.e.3 Acres and 77 cents situated in different Survey Nos. at Naduvankarai Village, Saidapet Taluk, Madras, was partitioned and allotted to Mrs.Rajammal wife of the late Mr. Jayaram Nadar by way of a “FAMILY SETTLEMENT DEED” dated 11.05.1944 and registered as document no.1088 of 1944 at madras – Chenglepet Office. The said property was allotted to the share of T.A.S. Arumugham by way of partition Deed in registered document No.295/1950 and ever-since from the date of allotment, the original Vendor alienated the properties and encumbered the properties and enjoying it as their absolute owners of the properties.

4. The property in question comes under Survey No.39 North 34.5 cents and South 24.5 is covered as per the settlement Deed. The said Mrs. J. Rajammal got transferred her properties as per their family settlement and entered into another family settlement with one Mr. Ganasundaram alias Ambiraj, her younger brother in the year of 1950 and transferred 3/4th of her properties by a “DEED OF SETTLEMENT” and registered as Document No.295 of 1950 on 4th February 1950 in favour Mr. Gnasundaram alias Mr. Ambiraj, and leased her remaining properties to Mr. Gnasundaram.

5. The Affidavit narrates the entire sequence of occurrences and the documents registered, the writ petitioners have made an attempt to establish their title by stating that the property described in the writ petition is a private property. The affidavit further narrates that as per the T.S. Register, T.S.No.2, Block No.3, of Naduvakarai village is classified as “Government Poramboke”. However, the petitioner’s land is situated at T.S.No.3, Block No.2, which is a patta land. Without considering this aspect, the respondent erroneously assumed that the petitioner's land is a Poramboke and has issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. Against the said notice issued under Section 7, the petitioner filed W.P.No.15243/2005. Without considering the pendency of the writ petition before the Court, the 2nd respondent has issued another notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on 31.05.2005, which was served to the writ petitioner on 13.06.2005 for eviction.

6. At the outset, the 1st writ petition was filed challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act and the 2nd writ petition in W.P.No.20994 of 2005 is filed, challenging the order of eviction passed under Section 6 of the Tamil Nadu Land Encroachment Act.

7. The grounds raised in the writ petitions are that the petitioners are the absolute owners of the property and holding a valid title. The petitioners claim that the notices were issued erroneously as the land in question is classified as “Circar Poramboke”. Thus, the impugned notices are liable to be scrapped.

8. A