ORDER :

(D. Bharatha Chakravarthy, J.)

(Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings in Na.Ka.No.348/2021/A1, dated Nil/05/2022 on the file of the third respondent in respect of land and building (Adi-Dravida Natham land) situated at Door No.538 Trunk Road, Poonamalee, Chennai – 600 056 measuring an extent of 456 Sq.mts out of 34.44.0 comprised in Survey No.595 and 0045 Sq.mts out of 1759 Sq.ft comprised in S.No.759, Poonamallee Village, Thiruvallur District and quash the same.)

1. The lands comprised in S.Nos.595 and 759 of Poovirunthavalli Revenue Village and Taluk, Thiruvallur District, were found necessary for the Chennai Metro Rail project to be carried out by the second respondent, namely, the Chennai Metro Rail Limited.

2. On inspection the respondents herein found that the petitioners, namely, A.Sacratice and five others were in occupation of S.No.595 by building houses and shops admeasuring to an extent of 456 Sq.mts and similarly by building house in respect to an extent of 45 Sq.mts in S.No.759. Therefore, notices were issued through the third respondent, namely, the Tahsildar, Poovirunthavalli Taluk under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, requesting them to show cause as to why they should not be evicted from the above lands. The respondents submitted their objections to the show cause notice. However, by two notices dated 27.05.2022, in respect of each of the Survey Nos.595 & 759 orders were passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, directing the eviction of the petitioners. Aggrieved by the same, the present Writ Petition is filed before this Court.

3. Mr.M.S.Soundara Rajan, learned Counsel appearing on behalf of the petitioners would submit that even though there is an appeal provision available under the Tamil Nadu Land Encroachment Act, 1905, since in this case, the very jurisdiction of the authorities to invoke the Tamil Nadu Land Encroachment Act, 1905, is questioned, the petitioners have filed this Writ Petition straight away under Article 226 of the Constitution of India. At the outset, the learned Counsel for the petitioners would submit that in respect of S.No.759, even though it is alleged that the petitioners are in occupation of an extent of 45 Sq.mts, he would submit that the petitioners are not in occupation in S.No.759 and that they have no objection whatsoever in taking over the land in S.No.759, Poovirunthavalli Revenue Village and Taluk and submitted that they are pressing the Writ Petition only in respect of the impugned order in respect of S.No.595, Poovirunthavalli Revenue Village alone.

4. Learned Counsel for the petitioners also relying upon the copy of A-Register which clearly shows that S.No.595 as Adi Dravidar Natham and also relying upon from the impugned orders itself, which also clearly mention the classification of lands as Adi-Dravidar Natham would contest that in view of the repeated pronouncements of this Court in respect of the Natham lands, firstly, the said lands are not vested with the Government and secondly would submit that the provisions of the Tamil Nadu Land Encroachment Act, cannot be invoked for the purpose of removal of the petitioners from their lands. He would submit that because the Chennai Metro Rail project is necessary and the public purpose writ large, the petitioners are ready to hand over the lands, provided compensation in respect of the land and building is duly paid to the petitioners. In support of his submissions, the learned Counsel also relied upon the Judgment of this Court in T.S.Ravi & Another Vs. The District Collector, Thiruvallur & Others, CDJ 2018 MHC 8248, and the Judgment of this Court in M.Sivasakthi Vs. The District Collector, Salem District, Salem and 3 Others, W.P.No.6992 of 2020 dated 07.03.2022.

5. Per contra, Mr.R.Shunmugasundaram, Learned Advocate General appearing on behalf