CHENNAI METRO RAIL LTD Vs. D SHANKER

JUDGEMENT

(1.) THE writ petition has been filed, challenging the order passed by the third respondent, Tahsildar, Egmore, Nungambakkam Taluk, dated 19.08.2011, confirmed by the second respondent, by order dated 26.09.2011, and for a consequential direction, to direct the respondents not to interfere with the possession of the petitioner in respect of the property situate at Town Survey Nos.11, 12 & 13 of Block No.9, Saligramam village, Egmore, Nugambakkam Taluk, Chennai District.

(2.) WHEN the writ petition was posted for admission before a Division Bench of this Court, by order dated 04.10.2011, in M.P.No. 1 of 2011, interim stay of the proceedings of the third respondent dated 19.08.2011, as confirmed by the second respondent, by order dated 26.09.2011, was granted.

(3.) THE case of the petitioner is that his family is in occupation of the property comprised in Town Survey Nos. 11, 12 &13 of Block No.9, Saligramam Village, Egmore, Nungambakkam Taluk, Chennai District and the land is classified in the Revenue Register as Grama Natham and it is not a Poramboke land that falls within the ambit of the Land Encroachment Act. It is further stated that Grama Natham land does not vest with the Government and the Government has no right whatsoever over the said land. In support of such contention, the learned counsel for the petitioner placed reliance on the decision of this Court in A.Sankaralingam vs. Arunachala Reddiar and others, [1993 (1) MLJ 472]; Executive Officer, Kadathus Town Panchayat, Harur Taluk, Dharmapuri District, vs. V.Swaminathan, [2004 (2) MLJ 708]; Ellammal and others vs. State of Tamil Nadu, [2007 (2) MLJ 1113] and Dharmapura Adhinam Mutt vs. Raghavan & another, 2011-5-L.W. 545.