SUBRAYAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) BY consent of all the parties, main writ petitions themselves are taken up for disposal.

(2.) M/s. Subbarayan and Pavayee, residents of Sivashankerapuram, Puttuthurai Village, Attur Taluk, Salem District, who, according to them own agricultural lands in Mummudi Village, filed W.P.No.24682 of 2005, praying to issue writ of certiorarified mandamus to call for the entire records relating to the file/proceedings in Lr.No.127 M/27.2 dated 31.05.2005 on the file of the 3rd respondent and quash the same and consequently direct respondents 1 to 10 to remove all encroachments in the eri/land in S.No.49 of Thalaivasal Village, Attur Taluk, Salem District.

(3.) IN addition to the report of the Commissioner and his observations, the Collector, Salem 4th respondent has also filed a counter affidavit disputing various averments made by the petitioner. The counter affidavit of the District Collector shows that no pucca buildings or semi permanent buildings are in existence in Thalaivasal Eri, but there are some temporary thatched shelters, which were put up 2 years ago and there are no inhabitants. It is also stated by him that the thatched shelters are not usable and they are in dilapidated condition which cannot be classified as an encroachment. It is further stated that what was given by the Chief Engineer, PWD, Trichy Region on 31.05.2005 to the Collector of Salem District is only NOC and not his proceedings and even the said NOC was issued on fulfilling certain conditions. It is also stated that only after obtaining the transfer of land by the District Administration, any person can enter into the land and no such order has been issued by the District Administration so far. It is stated that due to some wrong classification of the aforesaid land, NOC was given in 2002 and the land has also been elevated and subsequently classified as Eri Poramboke by the Revenue Department and the third respondent has only recommended and given NOC to the District Administration to the effect that instead of deepening the already elevated land, the capacity of the tank may be restored.