PARAMESWARI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners in these writ petitions are challenging the notice dated 3.6.2003 of the first respondent issued under Section 7 of the Land Encroachment Act (for brevity the 'Act'), proposing to evict the petitioners from their respective lands of an extent of 2 to 3 cents approximately terming them as unauthorized occupants.

(2.) Mr.R.Karuppan, learned counsel for the petitioners seriously contends that the respondents have already issued occupation certificate either to the petitioners themselves or to their forefathers acknowledging their right to possess and enjoy their respective lands for decades together. Substantiating the above contention, Mr.R.Karuppan, learned counsel for the petitioners also brought to my notice that the petitioners were permitted to put up construction and to pay the property tax to the local bodies and they also availed electricity service connection from the Electricity Board, and therefore, the petitioners have got a vested right over the respective lands by virtue of the act of the respondents, more particularly in view of issuance of the occupation certificate by the Revenue authorities themselves.

(3.) .1. Mr.M.S.Palanisamy, learned Additional Government Pleader taking notice on behalf of the respondents contends that whether the petitioners have got vested right on the strength of the occupation certificate issued by the Revenue authorities is a matter to be proved by the petitioners before the authority concerned during the enquiry proposed to be held pursuant to the impugned notice dated 3.6.2003 and the same shall be considered by the authorities concerned after going through the relevant revenue records, and secondly, whether the impugned sites are house sites or not is also to be decided in the light of the relevant revenue records. 3.2. Mr.M.S.Palanisamy, learned Additional Government Pleader, also contended that the petitioners are not prejudiced by the impugned notice dated 3.6.2003 requiring them to appear for the enquiry, and therefore, they are not entitled to challenge the impugned proceedings under Section 7 of the Act.