Advocates:
['m/s v r kamalanathan', '', 'R MANIBARATHI', 'V GUNASEKAR', 'A KANNAN']

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2018

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN

and

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

WP.No.15953 of 2018

and WMP.No.18964 of 2018

Dhanapandian

...Petitioner

Vs.

1.The District Collector,

District Collectorate,

Villupuram District.

2.The Tahsildar,

Kallakurichi Taluk,

Villupuram District.

3.The Block Development Officer,

Kallakurichi Union and Taluk,

Villupuram District.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India

praying for issuance of Writ of Certiorari to call for the impugned notice

dated 27.10.2017 issued by the 3^rd respondent and quash the same.

For Petitioner : Mr.V.R.Kamalanathan

For Respondents : Mr.R.Udhaya Kumar

Additional Government Pleader

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ORDER

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

By consent, the writ petition is taken up for final disposal.

Mr.R.Udhaya Kumar, learned Additional Government Pleader accepts

notice on behalf of the respondents.

2. The petitioner would aver that his father Ayyavoo was the

absolute owner of the agricultural lands comprised in S.Nos.379/1, 3, 4,

3.80/3 and 381/1A in Veeracholapuram East Village, Kallakurichi Taluk,

Villupuram District and it is relevant to extract the details of the land:

Nanjai Punjai

Extent Levy Extent Levy

Survey.No. Sub- Division Acre (Rs.) Acre (Rs.)

379 1 --- --- 0-66.50 2.25

379 3 --- --- 0 – 9.50 0.33

379 4 --- --- 0-16.00 0.53

379 3 --- --- 0-40.50 1.12

381 1A --- --- 0-48.50 1.34

1-81.00 5.57

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3. The petitioner would further aver that the Patta No.36, continues

to stand in the name of his father viz., late Ayyavoo and adjacent to his

land, there is a water channel in S.Nos.379/2 and 380/2. He along with his

father used to cultivate sugar cane, corn and groundnuts in the aforesaid

lands. The petitioner further submit that his father was issued with notice

under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 dated

27.10.2017 alleging encroachment of 0.23.03 hectare in S.Nos.379/2 and

380/2 and his father submitted a representation to the concerned

authorities. His father passed away on 22.04.2018. However, all of a

sudden, without considering the representation submitted by his father,

Revenue Officials has brought forthwith excavators to remove the alleged

encroachment. In that process, the respondents sought to demolish the

sugar cane crops cultivated in his own land and therefore he is constrained

to approach this Court by filing this writ petition.

4. Mr.V.R.Kamalanadhan, learned counsel appearing for the

petitioner has invited the attention of this Court to the typed set of

documents as well as photographs and made a submission that sofar, no

notice under Section 6 of the said Act has been issued and in the absence

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of the same, it is not open to the respondents to straight away cause

eviction of the alleged encroach