A SURESH KUMAR Vs. DISTRICT COLLECTOR TIRUPUR

JUDGEMENT

(1.) HEARD Mr.P.M.Duraiswamy, learned counsel for the petitioners, Mr.N.Senthil Kumar, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.P.Wilson, learned Senior Counsel appearing for the 4th respondent National Highways Authority of India.

(2.) THE notice issued by the Revenue Divisional Officer dated 20.05.2010 in Na.Ka.No.2322/2010/A4 is under challenge in all the writ petitions and in W.P.Nos.11847, 11848, 11849 and 11852. Apart from challenging the said notice, the petitioners have also challenged the consequential notice dated 01.06.2010 issued by the Tahsildar, the third respondent herein. THE petitioners in all these writ petitions have also sought for a direction to the respondents not to interfere with the peaceful possession and enjoyment of the respective properties of the petitioners in Avinashi Town and Taluk, Tirupur District, which is situated in S.F.No.85/B2 of Avinashi Village and Taluk, except under due process of law.

(3.) IN W.P.Nos.11847, 11848, 11849 and 11852 of 2010, among other aspects, the petitioners further stated that pursuant to the notice of the 2nd respondent dated 20.05.2010 directing the petitioners to appear for an enquiry and the petitioners' appearance, the 3rd respondent had issued notices under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on 01.06.2010, which were served on the petitioners on 03.06.2010 to evict them from their respective properties, if they are not vacating the properties within seven days from the date of receipt of notices. Hence, they have also challenged the notices dated 01.06.2010. Apart from the grounds raised by other writ petitioners, they have also raised the following grounds:- (a) As they are the absolute owners, the action of the respondents is illegal and also against the principles of natural justice. (b) the eviction notice dated 01.06.2010 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was caused on the petitioners' without following the mandatory provision contemplated under Section 7 of the Act.