S KAMARAJ V SHANMUGAM ALIAS SELVARAJ P PASUMALAI NADAR M YESURAJAN M PARIMALA SELVAM T RAMACHANDRANA A GNANA ATHISIYA SELVAM Vs. S KAMARAJ V SHANMUGAM ALIAS SELVARAJ P PASUMALAI NADAR

JUDGEMENT

(1.) By consent of counsel for both sides, the main writ petition is taken up for final disposal. By consent of counsel for both sides, the main writ petition is taken up for final disposal.

(2.) The petitioners have come forward with this writ petition praying for a Writ of Mandamus directing the respondents herein to allot the newly constructed shops in S.No.348/1, Kulasekarapatti Village, Tenkasi Taluk, Tirunelveli District to each one of the petitioners by fixing a reasonable rent to enable the petitioners to carry on their business in the said shops as before their eviction.

(3.) This is a case having some background. The petitioners encroached Oorni Poromboke land to an extent of 32 Cents in Survey No.348/1, Kulasekarapatti Village, Thenkasi Taluk, Tirunelveli District. They were removed on 18-02-2001 to 20-02-2001 by the authorities without notice. Aggrieved by the same, the petitioners have filed WP No. 2109 and 2401 of 2002 and this Court by order dated 12-04-2002 allowed the writ petitions directing the respondents herein to restore the possession to the petitioners and proceed afresh in accordance with Law. As against the said order, the respondents herein have filed W.A. No. 1193 and 1194 of 2002 and a Division Bench of this Court directed the respondents to keep the restoration in abeyance, however directed the respondents herein to afford opportunity to the petitioners and pass final orders after complying with the provisions of the Land Encroachment Act. The respondents were further directed by the said Division Bench not to put up any construction. Thereafter, the Tahsildar, 5th respondent herein issued notice to the petitioners, afforded opportunity to them and passed final order of eviction on 19-06-2002 which was challenged by the petitioners by filing WP No. 24422 of 2002 and by Order dated 09-07-2002, V. Kanagaraj, J disposed of the writ petition with a direction to the petitioners to prefer regular appeal before the District Collector. Accordingly, the petitioners have preferred an appeal before the District Collector, who dismissed the appeal on 31-08-2002. Thereafter, the petitioners filed a revision before the Commissioner of Land Administration, 2nd respondent herein. Pending revision, the petitioners have also filed WP No. 39091 of 2002 challenging the order of the appellate authority namely District Collector. The said writ petition was disposed of by R. Balasubramanian J on 23-10-2002 with a direction to the respondents herein not to put up any construction in the disputed area. Later, the 2nd respondent/revisionary authority dismissed the revision filed by the petitioners. As against the same, the petitioners have filed WP No. 14 582 of 2003 and P.D. Dinakaran, J, by his Order dated 17-06-2003 confirmed the order passed by the revisionary authority, however, liberty was given to the petitioners to approach the District Collector for seeking an alternative site within a period of four weeks from the date of receipt of a copy of that order. It was also held in the said Order that the observations made therein shall not be considered as a matter of right to the petitioners. In and by the said order, the District Collector was also directed to dispose of the representation to be filed by the petitioners within a period of eight weeks from the date of receipt of a copy of the same.