The central legal point established in the judgment is the importance of due process of law and principles of natural justice in eviction proceedings under the Tamilnadu Land Encroachment Act, 1905.

M. Venugopal, J.

1. Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondents 1 to 4.

2. According to the Petitioner, she is residing at 1/10-A, Melmodakkeri Village, Vellolai Panchayat, Solakkottai Post, Dharmapuri Taluk, Dharmapuri District situated in Survey No.130 and the said survey number is classified as 'Malai Poramboke' and she is in possession and enjoyment of 0.50 cents out of 1650 acres in Malai Poramboke land along with hundreds of other residents from the year 2002 without any interruption till date.

3. The Petitioner has constructed tile house and had planted teak, palm, jack fruit, neem trees, herbal plants and also growing flower gardens in the land by investing about Rs.3,50,000/-. From the year 2002, the Petitioner is in continuous possession and enjoyment of the occupied land for more than 15 years and also rearing cattle in a separate cattle shed. Moreover, the residential building was constructed in accordance with plan and the Petitioner has obtained Electricity Service Connection bearing No.00-004-013-170 in the year 2005 from TANGEDCO and paying EB charges regularly. The building was assessed by the Vellolai Panchayat and property tax was imposed and that the Petitioner was paying property tax and Door No.1/10A,1/10B was allotted.

4. It comes to be known that for the benefit of residents of Malai Poramboke residents, the Vellolai Panchayat had constructed overhead tank and supplying water to the residents from the aforesaid tank through pipeline. Thus, the Vellolai Panchayat had provided all the amenities and facilities needed for the aforesaid residents of Malai Poramboke. As a matter of fact, the adjacent private patta land owner residing on the fringes of the Petitioner's occupied land in Malai Poramboke from the year 2016 insisted upon the Petitioner to vacate from the occupied land and buildings etc., as they are in need of the adjacent Malai Poramboke land. Because of the reason that the Petitioner had not acceded to the request for vacating the said Malai Poramboke land, in which she had constructed house etc., adjacent private owners had become jealous and developed enmity towards the Petitioner and starting troubling the Petitioner by engaging rowdy elements. As the Petitioner and her family have no other shelter or place to reside and to rear the cattle, they endured the continuous troubles being thrown at them and started approaching the Revenue Authorities for issuance of Patta to their land relying on several Government Orders issued by the 1st Respondent. The representation for patta dated 11.12.2017 is still pending for consideration before the 3rd Respondent.

5. Since the Petitioner has no other go except to live in Malai Poramboke land enduring the threats and troubles through rowdy elements, in these circumstances, the adjacent private patta land owner, inspite of employing rowdy elements to vacate, of late, approached the Government Authorities and pressurised them to vacate and demolish the Petitioner's above land and building with malafide intention to enjoy the Petitioner's occupied land after eviction. The Revenue Authority also succumbed and buckled to the pressure of the adjacent private patta land owner, consequently, the Petitioner's occupied land and building alone targetted out of the hundreds of residents of Malai Poramboke Land. To that effect, the 3rd and 4th Respondents herein pretended to invoke the provisions of the Tamilnadu Land Encroachment Act, 1905 only against the Petitioner, which is nothing but an eye wash action to remove the encroachment to facilitate the private patta land owners to occupy the subject matter of land and to show the higher officials and the Government that the encroachment will be removed in the implementation of Rule of Law.

6. The stand of the Petitioner is that the Revenue Authorities, namely, the 3rd and 4th Respondents herein knowing fully well that the electricity service connection and pr