S. MITRA SRIKANTH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE short facts of the case are as follows: -

(2.) THE petitioner additionally added that on an earlier occasion, when the petitioner's land equivalent to the land that is now claimed to be unauthorizedly occupied was sought to be taken over by the National Highways Authority of India, the petitioner approached this Court, by way of a writ petition in W.P. No.3372 of 2007, wherein this Court vide its order dated 18.04.2007 has been pleased to pass an order directing the Competent Authority / District Revenue Officer, Poonamallee to file a report on the representation to be filed by the petitioner after giving an opportunity to the petitioner. The petitioner has also filed necessary representation and the matter is pending hearing. Such being the position, the second respondent sought to circumvent the orders passed by this Court by issuing a notice dated 13.08.2007 bearing Ref.No.A2/17733/2007 on the lessee of the petitioner's land, M/s. Shan Holiday Inn Private Limited, purportedly under Section 7 of the Tamil Nadu Land Encroachment Act 3 of 1905 (hereinafter referred to as "Land Encroachment Act"). It is pertinent to state that even under the said notice, it is specifically admitted in respect of the description of the land that it is a village site otherwise known as "Grama Natham" in respect of which this Court has repeatedly held the same not to be a Government land and therefore, the question of applicability of the Land Encroachment Act itself does not arise.

(3.) THE respondents have not filed any counter statement for the past 7 years. Hence, this Court is constrained to pass final orders on the basis of available records.