ARINGNAR ANNA KUDISAI NALVALVU SANGAM Vs. EXECUTIVE OFFICER NANDAMBAKKAM TOWN PANCHAYAT KANCHIPURAM DISTRICT

JUDGEMENT

(1.) The writ petitioner Sangam seeks a writ of Mandamus forbearing the respondents from evicting the members of their association in Survey No.136/2, Nandambakka, Chennai 89, Kanchipuram District, without following the procedure under the Land Encroachment Act and against the decree dated 11.2.2002 made in O. S. No.1479 of 1997 on the file of the learned District Munsif cum Judicial Magistrate, Alandur.

(2.) Mr. K. ELANGO, learned Special Government Pleader submits that the respondents could not issue eviction notice under the Land Encroachment Act, as the petitioner has moved this Court and obtained an order of status quo.

(3.) Admittedly, the members of the petitioner Sangam are encroachers. Even though there is an order of permanent injunction granted by the learned District Munsif cum judicial Magistrate, Alandur in O. S. No.1479 of 1997, since the petitioners are admittedly encroachers, the said decree will not give them a blanket right against the eviction proceedings by the competent authority, resorting to the relevant statute.