L KRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a Public Interest Litigation, where the petitioner seeks for a direction against respondents 1 to 5 to remove the encroachments made by the respondents 6 to 12 in Odai Poromboke in Iyan Punji Survey No. 100/1 at No. 247, Tatchur Village, Kallakurichi Taluk, Villupuram District measuring 5 acres and 70 cents.

(2.) IN fact, on an earlier occasion, the petitioner approached this Court in W. P. No. 9562 of 1998 wherein the First Bench of this Court passed an order dated 13. 7. 1998 disposing of the writ petition, giving liberty to the petitioner to approach the very same respondents 1 to 5 for the removal of encroachment. In the said order, the Collector and the Tahsildar, namely, respondents 3 and 4 were directed to decide the representation by passing a speaking order within one month and also intimate the same to the petitioner.

(3.) THIS time, when the matter was taken up for hearing, learned counsel appearing for the sixth respondent brought to our notice that the fourth respondent, namely, Tahsildar had held an enquiry after the above referred to orders of this Court and that he also submitted his report on 10. 12. 2004 and a copy of the said report was placed before us. On a perusal of the said report, we find that the enquiry made by the fourth respondent has brought out the fact that not only the respondents 6 to 12 but the petitioner has also encroached into the Odai Poromboke. The Tahsildar has ultimately reported that all the encroachments including that of the petitioner are liable to be removed by taking necessary steps under the Tamil Nadu Land Encroachment Act.