JUDGMENT

(Prayer: W.P. No.19041 of 2020 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus calling for the records of the 1st respondent in No.Na.Ka.28676/2017/1 dated 08.11.2018 and quash the same and direct the 1st and 2nd respondents to redeliver possession of the petitioners’ lands measuring 0.33.00 hectares in T.S. No.22/2 and 122/2A2, previously in T.S. No.22/3, Puliambedu Village, Poonamallee Taluk, Thiruvallur Taluk, as per the joint patta No.1875.)

Common Order

1. Since the factual matrix surrounding all the petitions are common one and the petitions are the off-shoot of the act of the Revenue Divisional Officer in directing cancellation of the joint patta and the subsequent act of the District Collector in granting enter upon permission to the Board and also the act of the Board in entering upon the lands and indulging in developmental/construction activity, all the petitions are taken up together compositely and disposed of by this common order.

2. For the sake of convenience, the petitioners in the writ petitions and civil revision petitions will be referred to as petitioners and revision petitioners and the respondents in the said petitions will be referred to by their designation.

3. The lands, which are the subject matter of dispute, which are alleged to belong to the private parties, who are the petitioners in W.P. Nos.4339/15, 19401/20 and 15940/20 having sought to be taken over by the Tamil Nadu Slum Clearance Board (for short ‘the Board’) without following the due process of law under the pretext of the said lands being ‘Anadheenam Lands’ for which suits have been filed in O.S. Nos. 33 of 2019, 126 of 2019 an 756 of 2018 by the respective plaintiffs/petitioners herein, has culminated into the filing of the respective writ petitions and civil revision petitions.

4. While W.P. No.4339 of 2015 has been filed assailing the cancellation of the joint patta granted to the petitioners and seeking quashment of the same, W.P. No.19401/20 has been filed by the very same petitioners, putting in issue the consequential order passed by the District Collector, Tiruvallur, in and by which permission to enter upon the lands, including the lands of the petitioners have been granted to the Board and prayer has been made to forbear the Board from entering into the said lands of the petitioners and also for delivery of possession of lands to the petitioners.

5. W.P. No.15940 of 2020 has been filed by the petitioner to forbear the Board from entering into the petitioner’s lands and doing any construction/developmental activity pending adjudication of the suit in O.S. No.33 of 2018 on the file of the 1st Addl. District & Sessions Judge, Tiruvallur and also without following the due process of law.

6. C.R.P. Nos.1682 to 1684 of 2020 have been filed by the Board to strike out the plaint filed in O.S. Nos.33 of 2019, 126 of 2019 an 756 of 2018 on the file of the Principal District Judge, Thiruvallur and Subordinate Judge, Poonamallee respectively.

7. Vast extent of lands in and around the subject lands were held by different individuals, who had sold the same during the period 1945 and 1948 to certain other persons, which were then alienated by way of sale to one M/s.Noombal Farms Ltd. In turn, the said company alienated the same by way of sale to one E.Shanmuga Nayakar and upon his death, the lands stood vested in his legal heirs, who had, thereafter, sold portion of the land in Survey No.22/1 to an extent of 40 cents in favour of the petitioner