K MURUGAN Vs. DEPUTY TAHSILDAR GUMMIDIPOONDI

JUDGEMENT

(1.) THE three writ petitioners have filed the three writ petitions seeking to challenge an order dated 29.10.2010 issued under Section 5 of the Tamil Nadu Land Encroachment Act, 1905 and after setting aside the same, seeks for a further direction to the respondents not to take any action under the said Act.

(2.) IN the first two writ petitions, notice was ordered to the respondents on 12.11.2010 and pending the same, an interim stay was granted. IN the third writ petition, notice was ordered on 19.11.2010. The said writ petition was directed to be posted along with the two other writ petitions. Pending notice, an interim stay was granted.

(3.) THE land in Survey No.559/A was classified as Chatram land and the Government had also put up construction to an extent of 600 square feet. THE land never belonged to the Government. At least from the year 1939, as per various registered documents, it belonged to various individuals. While the matter stood thus, on 29.10.2010, notices under Section 5 were issued to the petitioners to appear for an enquiry on 12.11.2010. It was claimed that the land belonged to the Government. Since the land did not belong to the Government, the invocation of the Land Encroachment Act was improper. Though notices were issued under Section 5, in the said notices, a reference was made to Sections 3,5 and 6 of the said Act. Without issuing notice under Section 7, it was not proper for the respondents to proceed under Section 6.