(1.) Heard the submission of the learned counsel appearing for the petitioner and Mr.P.H.Aravind Pandian, learned Additional Advocate General assisted by Ms.R.Gouri, learned counsel appearing for the respondent. A perusal of the materials placed before this Court would disclose among other things that the father of the petitioners, namely Mr.Abu Backer had executed a registered Gift Settlement Deed bearing Doc.No.5321 of 1995, dated 26.09.1995, registered on the file of the Sub Registrar, Kodambakkam, in favour of the petitioners as well as his two minor sons, namely, Shadik Basha and Ibrahim represented by the guardian / the petitioners, settling the superstructures bearing Door No.501/38, along with electricity service connection at T.S.No.1 part, Block No.5, admeasuring an extent of 1740 sq.ft of the land belong to the Government.
(2.) The primordial submission made by the learned counsel appearing for the petitioners by drawing the attention of this Court to the proceedings of the Principal Commissioner and Commissioner of Land Reforms, Chepauk, Chennai 600 005 dated 04.10.1996, in RCJ2/34327/95, is that in respect of the land admeasuring to an extent of 2912 sq.mts in T.S.No.1/1 Block no.5 of Arumbakkam, there was no vacant land and therefore, it deemed to be private lands and as such the eviction drive carried out by the respondent, without recourse to due process of law, is bad in law and prays for appropriate orders.
(3.) Per contra, learned Additional Advocate General would submit that in the light of the description of the schedule of property given under the above cited Gift Settlement Deed dated 26.09.1995, coupled with the communication of the respondent dated 19.09.2018, bearing Letter No.Aa.Na.Ka/survey/92/1975, addressed to the father of the petitioners, the ground urged by the learned counsel appearing for the petitioners, lack merits and substances and further points out that after adopting due process of law, the petitioners have been evicted and they have also been given an alternative accommodation and prays for dismissal of this Writ Petition with costs.