T PALANISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE relief sought for by the unsuccessful writ petitioners for issue of a writ of Mandamus to forbear the respondents from disturbing the possession and enjoyment of the petitioners of the lands in S. No. 41 of Perumbur Village, sankarapuram Taluk, V. R. P. District, was rejected by the learned Single by order dated 9. 7. 2002 made in W. P. No. 2759 of 1995, as it was not in dispute that the impugned land in no. 295, Perumbur Village in an extent of 2. 40 Hectares out of 303 Hectares in Survey No. 41 is a Government poromboke land and the petitioners/appellants are only unauthorised occupants. Thatapart,theclaim of the petitioners/appellants that they had already submitted an application for assignment of land was also rejected by the learned Single Judge, on the ground that the assignment of poromboke land is banned in view of the Government order. However, the learned Single Judge made it clear that the eviction proceedings against the petitioners/appellants could be taken only after issue of show cause notice and after following the procedure contemplated under the Tamil nadu Encroachment Act, 1905.

(2.) EXASPERATED by the said order of the learned Single judge dated 9. 7. 2002 made in W. P. No. 2759 of 1995, the petitioners have preferred this appeal.

(3.) MR. SARAVANASWAMI, learned counsel for the appellants reiterated the submissions that were made before the learned single Judge.