ESRAVEL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioner, who is a resident of Vedha Kovil Street, Pannamparai, Thoothukudi, has filed this Writ Petition, challenging the impugned proceedings issued by the third respondent in Na.Ka.Aa5/4582/2022, dtd. 25/1/2023, with a consequential direction, forbearing the respondents 1 to 3 from interfering in the peaceful possession and enjoyment of the subject property in Old Resurvey No. 221/B, New Resurvey No.491/1, Pannamparai Village, New Natham Survey No.595/1 and 2, Door No.2/1, Vedha Kovil Street, South Pannamparai Village, Sathankulam Taluk, Thoothukudi District.

(2.) Learned counsel for the petitioner would submit that the subject property in Old Resurvey No.221/B, New Resurvey No.491/1, Pannamparai Village, New Natham Survey No.595/1 and 2, Door No.2/1, Vedha Kovil Street, South Pannamparai Village, Sathankulam Taluk, Thoothukudi District, absolutely belongs to the petitioner's father. The said property has been classified as Natham land. The petitioner's father and his ancestors were in possession and enjoyment of the said property from the year 1947. The said property measures North to South 100 feet and East to West 70 feet, admeasuring 7000 square feet. The petitioner's grandfather has constructed a residential building and obtained an electricity service connection. Thereafter, the property tax has also been assessed and the petitioner has been regularly paying the same.

(3.) Learned counsel for the petitioner would further submit that the petitioner's father had settled the subject property in favour of his mother, by a registered gift settlement deed dtd. 21/9/2001, bearing Document No.863 of 2001. After some time, the petitioner's father passed away on 26/4/2022, leaving behind the petitioner's mother, one son and six daughters. Thereafter, a dispute arose between the President of Pannamparai Panchayat and the petitioner's mother, regarding the title over the subject property. Therefore, the petitioner's mother filed a civil suit in O.S.No.5 of 2003, on the file of the District Munsif Court, Sathankulam against the first respondent and the Block Development Officer, Sathankulam, Panchayat Union and the President, Pannamparai Panchayat, for permanent injunction. Accepting the case, the suit has also been decreed vide judgment dtd. 29/8/2003. In the meanwhile, the fourth respondent filed a writ petition in W.P.(MD)No.26411 of 2022, for issuance of a Writ of Mandamus, directing the first respondent to remove the encroachment made by the petitioner's father, on the drinking water area situated in Vedha Kovil Street, Pannamapari Village, Sathankulam Taluk, Tuticorin District. In the said Writ Petition, this Court by order dtd. 23/11/2022, directed the third respondent to pass orders on merits and in accordance with law. On the basis of the said order, the third respondent has issued a survey notice dtd. 26/12/2022, to survey the subject property. The petitioner has also cooperated for the said survey, by producing the documents. After conducting survey, the third respondent has not passed any final order, till date. The grievance of the petitioner in sofaras the impugned notice dtd. 25/1/2023 is concerned, the third respondent has mentioned that the property had been classified as Government Natham Poramboke. Therefore, when the petitioner has been in possession and enjoyment of the land, shown as Natham Poramboke, the third respondent cannot issue the impugned notice. Hence, the petitioner has filed this Writ Petition.