R VELLAICHAMY Vs. DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) Indisputably, the land comprised in Survey No.30/2, for an extent of 1 Acre, in No.74, Meenakshipuram III Bit, Madurai North Taluk is a poramboke land. The petitioner is in occupation of the same. Seeking to evict him under the provisions of the Tamil Nadu Land Encroachment Act 1905, notice has been issued to the petitioner. The petitioner has also submitted his explanation for the same but no order has been passed so far. In the mean time, the petitioner has submitted a representation to the first respondent on 28.11.2007 seeking grant of patta in pursuance of G.O.Ms.No.555, Revenue Department, dated 26.8.2005 and the same is still under consideration and so far, no order has been passed.

(2.) In those circumstances, the petitioner has come forward with this Writ Petition seeking to quash the eviction proceedings and also for a Mandamus to consider the representation of the petitioner for issuance of patta in pursuance of G.O.Ms.No.555, Revenue Department, dated 26.8.2005.

(3.) However, learned Special Government pleader, on instructions, would submit that no such representation for issuance of the patta in terms of G.O.Ms.No.555, Revenue Department, dated 26.8.2005 has been given. It is also not the case of the respondents that already any final order has been passed in respect of eviction.