G ANNADURAI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Material on record discloses that 27 cents of land in Survey No. 253/2, is vested with Enjambakkam Panchayath Board. According to the Revision petitioner/plaintiff, that the panchayat passed a resolution dated 06.10.2010, expressing its willingness for assignment of house sites, in Survey No. 253/2, for all those persons residing there. It is also the case of the Revision petitioner/plaintiff that the Panchayat Board had informed that one Rajan Nagar and Selva Nagar Association in its letter dated 15.10.2010, has sought for removal of encroachments. It is the case of the petitioner that he has put up construction prior to 1976. He has been given ration card and that the names of the occupants have been included in the voter's list. Electricity Board Service connection is also given to the occupants. According to him, he has been in continuous possession and enjoyment of the property for more than 30 years and hence he has perfected title by adverse possession.

(2.) In the above said circumstances, he has filed a suit before, the learned Subordinate Judge, Tambaram, for a declaration of his title to the suit property and for an injunction restraining the District Collector, Kancheepuram District, Kanceepuram, the Tahsildar, Shozhinganallur Taluk, Kancheepuram and the Commissioner, Chennai Corporation, Chennai, the defendants therein, from any manner interfering with his peaceful possession and enjoyment of the suit property and for costs.

(3.) Reading of the plaint averments shows that one Rajan Nagar and Selva Nagar Welfare Association has filed W.P. No. 31073 of 2007, seeking for a direction against the District Collector, Kancheepuram District, Kanceepuram and the Tahsildar, Shozhinganallur Taluk, Kancheepuram, the 1st and 2nd defendants therein, to remove the illegal encroachments in Vettuvangan Enjambakkam Link road measuring 17 feet breadth and 500 feet length. It is the case of the Revision petitioner/plaintiff, that the learned Special Government Pleader, High Court, Madras, who appeared for the respondents therein, informed this Court that proceedings have been initiated under the provisions of the Tamilnadu Encroachment Act. Recording the above said statement, this Court has disposed of the writ petition.