Advocates:
['M/S VA VU SI VAZHAKAGAM', '', 'M EASAN', 'INIYAA EASAN', 'S GANESH BABU AND', 'S ANANDA KUMAR', 'TIRUPPUR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2018

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN

AND

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM

W.P.No.10828 of 2018

and

W.M.P.Nos.12770 to 12772 of 2018

1.K.Palanisamy

2.P.Govindammal

..

Petitioners

Versus

1. The District Collector,

Tiruppur District,

Tiruppur.

2. The District Revenue Officer,

Tirupur District,

Tirupur.

3. The Revenue Divisional Officer,

Tiruppur Revenue Division,

Tiruppur District,

Tiruppur.

4. The Tahsildar,

Tiruppur North Division,

Tiruppur.

..

Respondents

PRAYER:-

Writ petition filed under Article 226 of the

Constitution of India prays to issue a Writ of Certiorarified

Mandamus, to call for the Records relating to the Impugned

Notices of the 4^th Respondent under Section:7 of the Tamil Nadu

Land Encroachment Act, 1905 dated:28.03.2018 & quash the same

and subsequently forbear the Respondents herein their Men,

Servants, Subordinates and Agents from not to interfering the

peaceful possession and enjoyment of the Petitioner's House

Property and Land bearing Door Nos;21 & 21(2), Fire Service

Workers Colony, Gandhi Nagar, situated in S.F.No.:339/1 of

Chettipalayam Village, Tiruppur North Division, Tiruppur

District.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner :M/s.VA.VU.SI.Vazhakagam

For Respondents :Mr.A.N.Thambidurai, Spl GP

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,]

By consent, the writ petition is taken up for final

disposal. Mr.A.N.Thambidurai, learned Special Government Pleader

accepts notice on behalf of respondents.

2

The petitioners would state that they are in possession

of the land in Survey No.339/1 bearing Door Nos.21 & 21(2), Fire

Service Workers Colony, Gandhi Nagar, Tiruppur, admeasuring to

an extent of 1200 sq.ft in No.4, Chettipalayam Village, Tiruppur

North Division, Tiruppur District. It is further avered that the

father of the 1^st petitioner was in possession of the same. The

petitioner and his brother had orally partitioned the said

property and superstructure put up by them, is also subjected to

statutory levies. It is further stated that the State Government

had allotted unoccupied area in the said survey number to the

Fire Service Department Personnel and thereafter, it was called

as 'Fire Service Workers Colony'. The petitioners and other

similarly placed persons are also trying to get Pattas and

however, the respondent all of a sudden on 27.02.2003 had

cancelled the Pattas granted in favour of the neighbours and a

challenge was made by filing WP.No.10168/2003, which was

allowed vide order dated 21.04.2003 and this Court, directed the

concerned respondent to pass appropriate orders in accordance

with law. It is further averred that the 4^th respondent, came to

their house on 10.03.2015 and subsequently, collected B-Memo

charges and on enquiry, they came to know that the land in

question is classified as 'Grama Natham' and as such, the

provisions of the Tamil Nadu Land Encroachment Act, 1905 cannot

be invoked. However, to their shock and surprise, having been

issued with impugned notice dated 28.03.2018 under Section 7 of

the Tamil Nadu Land Encroachment Act, 1905, they made a

challenge to the said notic by filing the present writ petition.

3

The learned counsel appearing for the petitioners has

invited the attention of this Court to the typed set of

documents and would submit that in the light of the overwhelming

materials which would indicate that the land in question is

classified as 'Grama Natham', the provisions of the Tamil Nadu

Land Encroachment Act, 1905, cannot be invoked and prays for

interference.

4

Per contra, Mr.A.N.Thambidurai, learned Special

Government Pleader appearing for the respondents would submit

that the writ petition is premature f