JUDGMENT :

V. Sivagnanam, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to issue of the two impugned orders viz., the first impugned order in Lr.No.Ko.3/2021/AE (Rasi) dated 29.10.2021 issued by the 4th respondent and the other impugned order in proceedings Na.Ka.No.6488/2021/B1 dated 28.12.2021 issued by the 6th respondent and quash the same and also to direct the 1st respondent to consider the representation of the petitioner dated 08.11.2021 objectively giving reasons for each of the ground surged therein and in the event of rejecting the petitioner’s representation by the 1st respondent, to direct the 1st respondent to allow the petitioner’s house without demolition as in the same location after getting equivalent lands from his patta lands situated adjoining the same survey no.67 of Mathiampatti Village from the petitioner.)

1. The petitioner is before this Court, with a prayer to issue a writ of certiorarified mandamus, calling for the records relating to issue of the two impugned orders viz., the first impugned order in Lr.No.Ko.3/2021/AE (Rasi) dated 29.10.2021 issued by the 4th respondent and the other impugned order in proceedings Na.Ka.No.6488/2021/B1 dated 28.12.2021 issued by the 6th respondent and quash the same and direct the 1st respondent to consider the representation of the petitioner dated 08.11.2021 and also allow the petitioner’s house without demolition as in the same location after getting equivalent lands from his patta lands situated adjoining the same survey no.67 of Mathiampatti Village.

2. Heard the counsel for the parties and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the subject matter of the land measuring to an extent of 0.42 acres in Survey No.67 of Mathiampatti Village, Rasipuram Taluk, Namakkal District, is classified as ”Government River Poramboke”, as per the revenue records. The petitioner purchased the land measuring One acre in Survey No.40/2 of Mathiampatti Village, Rasipuram Taluk, Namakkal District from Easwaran Gounder by sale deed dated 25.08.1995. During the purchase of the above said land, Government Poramboke lands in Survey No.40/1 and 40/3 and some portion in Survey No.67 were also taken possession from the said Easwara Gounder. In the patta land in Survey No.40/2 a channel has been laid for irrigation purpose by the Public Works Department (PWD) for that no compensation had been paid to the fore-fathers of the petitioner's vendor and instead of that the PWD allowed 40 cents of land in Survey No.67 for cultivation to the fore-fathers of Easwara Gounder, which is now in possession of the petitioner. Therefore, it is not at all encroachment.

4. On the instigation of the 7th respondent, on 03.09.2012 eviction notice was issued to the petitioner by the Assistant Engineer (AE), PWD, to vacate the land in Survey No.67 within 20 days. Against the notice of eviction, the petitioner had filed a writ petition in W.P.No.26461 of 2012 before this Court and this Court by its order dated 03.10.2012 directed the petitioner to treat the notice of the AE, PWD as show cause notice, and also directed the District Collector to decide the issue after giving opportunity to the petitioner to present his case.

5. In pursuance of the High Court’s order, the District Collector, Namakkal, conducted enquiry on the issue and rejected the petitioner’s claim by his order dated 20.03.2013 and further ordered eviction of the petitioner from the encroached portion. Again the petitioner had filed another writ petition in W.P.No.8954 of 2013 and in that writ petition, this Court by its order dated 18.02.2014, directed the petitioner to present an application before the Commissioner of Land Administration for further orders. In response to that, the petitioner gave representation to the Commisioner of Land Administration on 24.03.2014, who in turn