S MANIAN Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) The Petitioner has filed the petition seeking issuance of writ of Mandamus forbearing the Respondents from evicting the Petitioner's from his land, comprised in Survey No. 345 at Kallanai Village, Vadipatti Taluk, Madurai District.

(2.) It is stated by the Petitioner in the affidavit that he was in continuous possession and enjoyment of 1.5 acres of Nanja land comprised in Survey No. 345 of Kallanai Village. This land is situated on the outer bit of the southern boundary of one village tank called Kesavaneri Kulam, but, the said land is not situated in the water stagnated area. This land is covered by three sides by patta lands and the fourth side by the tank. But, the revenue records classified this land as 'tank poramboke'. Therefore, the Respondent/the Revenue Department considered the Petitioner's occupation as unobjectionable one and thereafter, they also levied tax under B-Memo. Subsequently, in the year 1967, the third Respondent Tahsildar of Vadipatti Taluk called the Petitioner for an enquiry under Section 7 of the Tamilnadu Encroachment Act, 1905 and after attending the enquiry he explained the details relating to the land. On 24.07.96, the third and fourth Respondents forced the Petitioner to move out from the land and after that the Petitioner has filed a writ petition in W.P. No. 10940 of 1996 along with a W.P.M.P. No. 14572 of 1996 wherein an order of injunction was also passed against the Respondents. Further, the same was also disposed on 01.02.2002 stating that if the Respondents wish to evict the Petitioner, they may do so after following the procedure prescribed by law.

(3.) It is submitted that the Respondents have not taken any action,but, all of a sudden, the second Respondent without giving any prior notice refused the Petitioner to enter into his land even to perform Pooja to the Malaiamman Temple.