1. All these writ petitions are disposed of by this common order, since the issues for adjudication, are one and the same.

2. PRAYER:

In all these writ petitions, the respective petitioners prayed for quashment of the proceedings initiated under the provisions of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act 3/1905).

3. BACKGROUND FACTS AND SUBMISSIONS:

(a) In W.P.No.22984/2011, the petitioner is D. Shankar, adopted son of Tmt. Krishnaveni Ammal, and according to him, his family is in occupation of “Grama Natham” for over six decades and the revenue records show that he and his predecessor in title are the occupants of the property at Town Survey No. 11, 12 and 13 of Block 9, Saligramam Village, Egmore, Nungambakkam, Chennai and as per the revenue classification, it is a Gram Natham and not a “Poramboke Land” that falls within the ambit of the provisions of the Tamil Nadu Land Encroachment Act, 1905, (in short, Land Encroachment Act).

(b) The petitioner would further state that once the property is classified as Grama Natham, it cannot vest with the Government under Section 3(b) of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, and consequently, the respondents 2 and 4 cannot invoke the provisions of the said Act to evict the petitioner; but, however, the Tahsildar, Egmore-Nungambakkam, has issued a notice dated 4.5.2011, under Section 7 of the Land Encroachment Act, calling upon him to vacate the premises bearing Old Door No. 208/209, New No. 206, Arcot Roaf, Vadapalani, Chennai 600 026, situated in the above said Town Survey Number, and it was put to challenge in W.P.No. 12795/2011. This Court directed the above said official to hold an enquiry and pass appropriate orders and accordingly, the said official passed an order ordering eviction. The petitioner aggrieved by the same, preferred an appeal before the Collector of Chennai District and the said official had also dismissed the appeal and thereby, confirmed the order by the Tahsildar, Egmore-Nungambakkam, ordering eviction in terms of the provisions of the Land Encroachment Act.

(c) It is the contention of the petitioner that his title to the property is traceable right from the year 1960 onwards and the Assistant Commissioner of Urban Land Tax, Central Taluk (South), Chennai 34, has recognized his ownership and passed an order dated 23.6.1972, levying the urban land tax and that apart, a portion of the land in Old Survey No. 178/1 Part, T.S.No.11/Part (subdivided as T.S.No. 11/2) of Block No. 9, was acquired and Krishnaveni Ammal – the Petitioner’s predecessor in title, was also awarded compensation under the provisions of the Land Acquisition Act (Central Act), 1984.

(d) It is further stated by the petitioner that for the purpose of ongoing metro rail project and the pendency of this writ petition, interim stay was granted by this Court on 4.10.2011, and subsequently, when it was listed for hearing, this Court taking into consideration the importance of the metro rail project and the delay in its implementation, has vacated the interim order and directed the petitioner herein to vacate and hand over the possession of the land within a period of four weeks from 30.11.2011, subject to the Rs.25 lakhs in any one of the Nationalised Banks, to the credit of the petitioner and it shall remain in the form of deposit till further orders are passed by this Court and the entitlement of the petitioner to get compensation shall be subject to the result of this writ petition. Accordingly, the petitioner handed over the possession of the property in Resurvey No. 13B admeasuring to an extent of 0.01.78.0 hectares, at Saligramam Village, 100 Feet Road, to the Revenue Inspector of Egmore-Nungambakkam Taluk on 28.12.2011.

(e) The sum and substance of the case of the petitioner is that since the land in question, is classified as Grama Natham, it cannot vest with the Government in terms of Section 3(b) of the Madras Estates (Abolition and