S MABUBI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has invoked the extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India with the prayer for issuance of a Writ in the nature of Certiorari, to quash the notice/order of the 5th respondent vide which the petitioner has been asked to remove the alleged encroachment from the Highways within 7 days of receipt of notice. Affidavit has been sworn by the husband of the petitioner in support of the writ petition wherein it is pleaded that the petitioner and her family members are permanent resident of Odasalpatty Village in Dharmapuri Taluk and District, for the past 50 years. The petitioners are living on the Village Natham land meant for occupation by the Villagers not having habitat of their own.

(2.) That the petitioner and her mother were assigned the said land by issuance of patta for 95 sq. meter in Survey No. 833/25 (Old Survey No. 833/10B) and 87 Sq. meter in Survey No. 833/26 respectively on 4.12.1991 by the Special Tahsildar, (Natham Land Tax Scheme) Dharmapuri. Both the pieces of lands originally comprised in Survey No. 833/10-B and it was at the time of assignment, this was sub divided. After the death of the mother of the petitioner, she continued to be in possession of the land.

(3.) In the year 1998, an attempt was made by the Assistant Engineer, Highways Department to evict the petitioner on the allegation that they had encroached upon Highways land. The petitioner therefore brought to the notice of the respondent No. 5 that the petitioner was in possession of the property as owner in pursuance to the assignment. An enquiry was conducted by the third respondent through Village Administrative Officer.