P. SUBRAMANIAN Vs. THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVTREVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI,

JUDGEMENT

(1.) Writ petition praying to issue writ of certiorarified mandamus calling for the records relating to the orders made by the first respondent Secretary to the Government of Tamil Nadu in G.O.Ms.No.245, Revenue (L.R. 2 (2) Department) dated 18/5/1999 and to quash the same so far as the petitioner is concerned and consequently direct the respondents to remove the encroachment and restore possession of the land assigned to the petitioner in an extent of 64 cents in S.No.736/1A1/B, Nallur Village, Palladam Taluk, Coimbatore District.

(2.) In the affidavit filed in support of the writ petition, the petitioner would submit that the said land more fully described in the petition was assigned in his favour in Na.Ka.6541/87 p dated 12/1/1988 on payment of Rs.287.40 and a deed of assignment was also executed on 9/2/1988 between the petitioner and the Assistant Commissioner, Land Reforms, Coimbatore and the petitioner had paid the entire amount.

(3.) The further pleadings of the petition are that at the instance of the political hooligans 150 unruly elements encroached upon the said property and on his representation dated 30/1/1988 to the Tahsildar requesting him to prevent the encroachment; that the Assistant Commissioner (Land Reforms), Coimbatore in his memo dated 13/2/1988, directed that no further action should be taken for evicting the encroachers; that repeated representations made to the Commissioner (Land Reforms), Madras on 3/12/1990, 2/1/1991, 31/12/1992 and since there was no response, ultimately the petitioner sent a petition dated 10/3/1997 to the Assistant Divisional Engineer, Tamil Nadu Electricity Board, Tiruppur requesting him not to give electricity connection to the encroachers in the lands assigned to the petitioner; that even thereafter on repeated representations dated 29/6/1993 and 7/9/1993 requesting to remove the encroachments made to the Commissioner, Land Reforms, Madras, ultimately an order in G.O.Ms.No. 1 (d) 295, Revenue (Land Reforms (2 - 1) Department dated 6/9/1994, the Joint Secretary, Revenue Department directed to remove the encroachment and for further action and therefore, he was not in a position to bring the assigned property under cultivation.