P. KUNJU Vs. DISTRICT COLLECTOR, TIRUVARUR

JUDGEMENT

(1.) The writ petition has been filed to challenge the notice dtd. 16/7/2021 issued by the fifth respondent under Sec. 7 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, "the Act of 1905"] directing the petitioner to remove the encroachment.

(2.) Learned counsel for the petitioner submitted that the notice under challenge was not served on the petitioner, rather, he got a copy of the same from an indirect source and finding a direction to remove the encroachment, a writ petition has been filed earlier. It is alleged that the survey number referred in the notice was not the subject-matter of the writ petition, being W.P.No.10392 of 2018, decided on 25/4/2018 to remove the encroachment and otherwise, the petitioner was not a party to the said litigation so as to effect compliance of the said order on him. Accordingly, the notice issued under Sec. 7 of the Act of 1905 is to be set aside. It is more so, when the respondents have constructed a public road and as an identify card was also issued in favour of the petitioner, thus, there is a presumption of regularization of the possession.

(3.) Learned counsel further submitted that the petitioner is residing in the same place for decades and accordingly, a prayer is made to set aside the impugned notice or alternatively to provide a house site elsewhere. The petitioner cannot be made remediless and houseless after 75 years of independence and the Government has floated a scheme to rehabilitate the poor and needy persons and accordingly, to allot house site to the petitioner.