C CHANDRA Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Ms.M.E.Rani Selvam, learned Additional Government Pleader accepts notice on behalf of the respondents.

(2.) The petitioner claims that she had purchased the property comprised in S.No.128/A21, 128/A22 and 128/A23 admeasuring to an extent of of 3.03 acres and another landed property admeasuring to an extent of 0.18/5 Hectares in S.No.128/A20 at Mambakkam Village, Tiruporur Taluk, Kancheepuram District, through a registered Sale Deed bearing Document No.2543/1979 dated 27.06.1979 registered on the file of the office of the Sub Registrar, Tambaram and claims that right from the date of purchase, she is possession and enjoyment of the said landed properties and also cultivating the same. The petitioner would aver that on an earlier occasion, she was issued with a notice dated 21.04.2015 u/s.6 of the Tamil Nadu Land Encroachment Act, 1905, by the 2 nd respondent and challenging the same, she filed an appeal along with a petition for stay u/s.10 of the said Act before the 1 st respondent during April 2015 and since it was not considered and disposed of, she filed WP.No14594/2015 and another person who is similarly placed, viz., one Mohanraj, Managing Director of Diamond Engineering, had also filed WP.No.14595/2015 and a Division Bench of this Court, vide common order dated 13.05.2015, had disposed of the said writ petitions, by directing the 1 st respondent to consider and dispose of the appeals filed by the said writ petitioners in accordance with law within a period of four weeks from the date of receipt of a copy of that order and till such time the stay applications are disposed of, directed to maintain status quo as on that date by the respondents therein. The grievance now expressed by the petitioner is that de hors the order of status quo granted by this Court in the said writ petitions and further that the appeal filed by the petitioner is yet to be disposed of by the 1 st respondent, the 2 nd respondent has once again issued the notice dated 14.11.2016 u/s.6 of the Act 3 of 1905 and once again, it was put to challenge in WP.No.42026/2016 and this Court has taken note of the fact that the earlier appeal is pending for more than 1 years, had directed the concerned respondent to dispose of the appeal within one month from that date. The further grievance expressed by the petitioner is that despite such a positive direction, the appeal is yet to be disposed of and however, to her shock and surprise, on 08.12.2017, the 2 nd respondent along with the jurisdictional Village Administrative Officer and the revenue officials came to the property and tried to evict the petitioner forcefully from the land in S.No.128/A20, admeasuring to an extent of 0.18.5 Hectares, which according to them, is classified as "Vaikkal" [water stream] and prays for appropriate orders.

(3.) Per contra, Mrs.M.E.Rani Selvam, learned Additional Government Pleader appearing for the respondents would submit that it is for the petitioner to follow the Appellate Authority as to the fate of her appeal and since the petitioner had encroached a vast extent of Government land, which is also classified as water stream, action is taken strictly in accordance with law.