C O M M O N O R D E R

S.S. SUNDAR, J.

The present writ petition in W.P.No.33561 of 2023 is filed for issuance of a Writ of Declaration declaring that the action of the respondents 1 to 5 in locking and sealing the premises of the petitioners in S.No.166/2, Pallavaram, Chennai – 43, and disconnecting the power supply and the alleged symbolic handing over possession to the 6th respondent by way of the Land Delivery Receipt dated 31.10.2023 without any notice to the petitioners and without following any due process of law, are totally illegal, invalid and contrary to law.

2.The Review Application in Rev.Appl.(Writ) No.229 of 2023 is filed to review the order dated 01.11.2023 made in W.P.No.29275 of 2023.

3.Since the petitioners in the writ petition and the review application are the members of same family and the subject matter is same and there are common issues and the parties are litigating under the same documents, both the cases are disposed of by this common order.

4.The petitioners in the writ petition are the two sons and the wife of the 8th respondent in the writ petition, who is the petitioner in the review application.

5.The respondents 1 to 3 are common in W.P.No.33561 of 2023 and the review application in Rev.Appl.(W).No.229 of 2023. The 4th respondent in the writ petition is the Revenue Inspector, Pallavaram Taluk. The 4th respondent in the review application is the Assistant Engineer, Tamil Nadu Electricity Board, who is the 5th respondent in the writ petition. M/s.CMRL is the 5th respondent in the Review Application and 6th respondent in the writ petition. The Executive Officer of Cantonment Board, St. Thomas Mount, is the 6th respondent in the review application and 7th respondent in the writ petition.

6.The dispute relates to a parcel of land measuring an extent of 1.54 Acres in S.No.166/2, situated in Pallavaram Cantonment Village. The petitioner in the review application, who is the 8th respondent in the writ petition, filed a writ petition in W.P.No.29275 of 2023 to quash the impugned order passed by the District Collector, dated 29.09.2023, as an Appellate Authority under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as “Encroachment Act” for brevity), rejecting the petitioner's appeal as against the order passed by the 3rd respondent, the Tahsildar, Pallavaram, under Section 6 of the Encroachment Act, directing eviction of the petitioner in the review application and calling upon the petitioner in the review application to vacate and hand over possession of the entire land of 1 Acre and 19602 sq.ft. in S.No.166/2, dated

22.08.2023.

7.This Court, by order dated 01.11.2023, after recording the fact that possession of the land had already been taken over by the Government on 05.10.2023 and that the petitioner is no more in possession of the land in question, dismissed the writ petition in W.P.No.29275 of 2023. Aggrieved by the same, the petitioner in W.P.No.29275 of 2023, namely, the 8th respondent in the present writ petition in W.P.No.33561 of 2023, has preferred the above review application.

8.After the dismissal of the writ petition in W.P.No.29275 of 2023 by order dated 01.11.2023, the two sons and the wife of the petitioner in the review application have filed the present writ petition in W.P.No.33561 of 2023 on 27.11.2023 for issuing a Writ of Declaration declaring that the action of the respondents 1 to 5 in the writ petition in locking and sealing the premises of the petitioners in S.No.166/2, Pallavaram Cantonment Village, and discontinuing the power supply and alleged symbolic handing over possession to the 6th respondent by way of Land Delivery Receipt dated 31.10.2023 without any notice to the petitioners and without following any due process of law, are totally illegal, invalid and contrary to law.

9.The facts leading to the writ petition as well the review application as borne out from the records can be summarised as follows :

9.1.The land which is subject matter of t