D RUKMANI AMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In both the writ petitions, the petitioners have challenged the validity of the order dated 24.07.2013 passed by the second respondent. The respondents in both the writ petitions are one and the same. The issue that arises for consideration in these writ petitions are common and identical. Therefore, counsel appearing for the petitioners and the respondents have advanced common arguments for consideration of this Court. Hence, both the writ petitions are taken up together and are disposed of by this common order.

(2.) The petitioners in both the writ petitions are related to each other. According to the petitioners, the lands comprised in Survey Nos. 141/4, 142/1 and 142/2 in Mappillaiurani Village, Tuticorin Taluk and District belonged to their ancestors and they were in possession and enjoyment of those lands for several decades. It is the further case of the petitioners that the aforesaid lands have been subjected to partition between the petitioners' family members on 29.07.1987 in which specific extent of lands comprised in Survey No.141/2 was allotted to the petitioner in WP No. 21284 of 2014 and the lands in Survey Nos. 141/4 and 142/1 were allotted to the petitioner in WP Nos. 21285 of 2014. According to the petitioners, apart from the aforesaid lands, they own 46 acres of land which is situate adjacent to these lands. It is the specific case of the petitioners that lands measuring about 38.5 acres in Survey Nos. 133/3, 133/4, 138/2, 138/3, 1384B, 139/3, 139/4, 140 as well as the lands which are the subject matter of these writ petitions namely Survey Nos. 141/4, 142/1 and 142/2 in Mappillaiurani Village, Tuticorin Taluk have been in possession and enjoyment of their predecessors in interest for several decades and they converted these lands as salt pans by investing several lakhs. Even according to the petitioners, while the revenue authorities have issued patta in respect of the aforesaid lands, patta has not been given to the lands which are in dispute namely Survey Nos. 141/4, 142/1 and 142/2 and they are classified as "assessed to waste" in the revenue records. Even though the lands have been classified as mentioned above, the petitioners have been paying tax to such lands and therefore they ought to have been given settlement patta for having been in possession and enjoyment of the lands. The petitioners claims to have been in possession of these lands for several decades and by virtue of such long and continued possession, they have perfected title over these lands by adverse possession against the government.

(3.) While the facts are so as stated above, on 26.02.2013, the Tahsildar, Tuticorin had issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act indicating that the lands in the occupation of the petitioners are required for construction of houses for poor and marginalised people through the Tamil Nadu Slum Clearance Board. According to the petitioners, even though they have submitted their objections, it was refused to be received by the Tahsildar, Tuticorin and eventually, another notice under Section 6 of the Tamil Nadu Land Encroachment Act was passed on 07.03.2013. As there was a threat for dispossession, the petitioners filed a suit in O.S. No. 175 and 176 of 2013 respectively on 29.04.2013 before the Sub Court, Tuticorin for a declaration to declare that they are the owners of the lands in dispute and for a consequential permanent injunction restraining the defendants therein from interfering with their peaceful possession and enjoyment of the property. In the suit, the petitioners also prayed for a mandatory injunction directing the defendants therein namely (i) Tahsildar, Tuticorin (ii) Revenue Divisional Officer and (iii) District Collector to grant patta to them in respect of the aforesaid lands. After enquiry, the learned Subordinate Judge, granted an order of injunction on 31.01.2014 till the disposal of the suit with a specific direction to both the parties to cooperate for disposal of the suit within six months. The defendants in the suit have also filed their written statement. However, due to transfer of the Presiding Officer the suit was not posted for hearing. While so, it is alleged by the petitioners that the officials of the Tamil Nadu Slum Clearance Board have unlawfully trespassed into the lands which are in their occupation under the guise of carrying out soil test. According to the petitioners, such inspection carried out by the officials of the Tamil Nadu Slum Clearance Board is in violation of the order of injunction passed by the Civil Court. Therefore, the petitioners have filed I.A. Nos. 1208 and 1204 of 2014 for contempt of the order passed by the Civil Court. The petitioner in WP No. 21284 of 2014 also filed I.A. No. 846 of 2014 in O.S. No. 175 of 2013 to implead the Executive Engineer and Superintending Engineer of Tamil Nadu Slum Clearance Board as defendants in the suit.