A.SACRACTICE Vs. DISTRICT COLLECTOR THIRUVALLUR DISTRICT

JUDGEMENT

(1.) The lands comprised in S.Nos.595 and 759 of Poovirunthavalli Revenue Village and Taluk, Thiruvallur District, were found necessary for the Chennai Metro Rail project to be carried out by the second respondent, namely, the Chennai Metro Rail Limited.

(2.) On inspection the respondents herein found that the petitioners, namely, A.Sacratice and five others were in occupation of S.No.595 by building houses and shops admeasuring to an extent of 456 Sq.mts and similarly by building house in respect to an extent of 45 Sq.mts in S.No.759. Therefore, notices were issued through the third respondent, namely, the Tahsildar, Poovirunthavalli Taluk under Sec. 7 of the Tamil Nadu Land Encroachment Act, 1905, requesting them to show cause as to why they should not be evicted from the above lands. The respondents submitted their objections to the show cause notice. However, by two notices dtd. 27/5/2022, in respect of each of the Survey Nos.595 and 759 orders were passed under Sec. 6 of the Tamil Nadu Land Encroachment Act, 1905, directing the eviction of the petitioners. Aggrieved by the same, the present Writ Petition is filed before this Court.

(3.) Mr.M.S.Soundara Rajan, learned Counsel appearing on behalf of the petitioners would submit that even though there is an appeal provision available under the Tamil Nadu Land Encroachment Act, 1905, since in this case, the very jurisdiction of the authorities to invoke the Tamil Nadu Land Encroachment Act, 1905, is questioned, the petitioners have filed this Writ Petition straight away under Article 226 of the Constitution of India. At the outset, the learned Counsel for the petitioners would submit that in respect of S.No.759, even though it is alleged that the petitioners are in occupation of an extent of 45 Sq.mts, he would submit that the petitioners are not in occupation in S.No.759 and that they have no objection whatsoever in taking over the land in S.No.759, Poovirunthavalli Revenue Village and Taluk and submitted that they are pressing the Writ Petition only in respect of the impugned order in respect of S.No.595, Poovirunthavalli Revenue Village alone.