A PALANISAMY Vs. LAND COMMISSIONER, EZHILAGAM

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal.

(2.) The petitioner, in the affidavit filed in support of this writ petition would further aver among other things that he is the owner of lands admeasuring to an extent of 3 acres in Pallipalayam Village, comprised in S.No.247/1 C-2 situated in Alampalayam Panchayat Limits and he is an agriculturalist, doing agricultural activities in the above said land which is classified as "Dry land". The petitioner would further aver among other things that on the northern side of the land situated in S.No.232/5, his house is located and the said land has also classified as "Waste land" which is admeasuring to an extent of 40 cents and his grandfather was in possession and enjoyment by way of succession and he has succeeded to the said estate and as on today, he is in possession and enjoyment of the same by doing agricultural activities.

(3.) The petitioner would further aver that in respect of the land in occupation in S.No.232/5, he is paying penalty charges also and approached the concerned officials for obtaining Patta in respect of the said land. It is further stated by the petitioner that he has also filed W.P.No.21076/2006 praying for issuance of a Writ of Mandamus forbearing the respondents from dispossessing him, except under due process of law and it was disposed of on 05.07.2006 by directing the respondents to follow due procedure. The petitioner has filed one more writ petition in W.P.No.27415/2007, praying for a direction to the concerned authorities to take action on the representation made by the petitioner for Assignment of Lands and it was disposed on 17.08.2015 directing the respondents to consider the said representation and pass an appropriate orders, accordingly and in the interregnum, the Revenue Inspector, Pallipalayam has issued a notice under the provisions of Tamil Nadu Land Encroachment Act,1905 and challenging the same, filed W.P.No.28212/2007 and it was entertained and interim order was granted and later on, it was disposed on 16.12.2009 with a direction, directing the Collector, Namakkal District to determine the request made by the petitioner to grant patta and if that is rejected, only if the encroachment was objectionable and then in public interest, appropriate action under the provisions of Land Encroachment Act shall be taken and till such time, a notice dated 16.08.2007 shall stand suspended.