D DHANAVEL Vs. DISTRICT COLLECTOR VELLORE DISTRICT

JUDGEMENT

(1.) By consent, the writ petitions are taken up for final disposal as the issue involved and to be adjudicated is one and the same. Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4.

(2.) The petitioner claims that he is in possession and enjoyment of the property comprised in Old S.No.159 Part and TS.Nos.113 and 116, in Ward No.B, Block No.6, situate at Door No.35A/2, MBT Road, Ranipet, Vellore District, from the year 2003 and the superstructure is also subjected to statutory levies. The petitioner would further claim that the said property originally belongs to one Kalayani and after her life time, one Rani was in possession and enjoyment and from her, the petitioner claims to have purchased the same through an unregistered Sale Deed. It is further stated by the petitioner that the 5th respondent has also filed suits in OS.Nos.265/1998 and 57/2013 on the file of the Courts of the Subordinate Judge as well as the District Munsif, Ranipet, respectively, for eviction and both the suit are pending. The petitioner, on an earlier occasion moved the 4th respondent for grant of patta and it was rejected on 15.11.2015 on the ground that the petitioner sought to make a claim based upon the unregistered Sale Deed and on appeal, the 2nd respondent has rejected the same on the ground that the land in question belongs to the 5th respondent. In the interregnum, the petitioner was also issued with the notices under sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, and challenging the same, he along with Tvl.S.R.Govindasamy [petitioner in WP.No.22640/2017] and Ramadev @ K.Daruram [petitioner in WP.No.22641/2017] filed WP.Nos.12987 to 12989/2017 and a Division Bench of this Court vide common order dated 17.05.2017, has granted liberty to the petitioners therein to file an appeal before the Appellate Authority. The petitioner, aggrieved by the rejection of his request for patta as well as challenging the eviction proceedings initiated against him under the provisions of the Tamil Nadu Land Encroachment Act, 1905, has filed an appeal and the same was rejected on 17.07.2017 and the 4th respondent consequent upon the same, has issued the impugned notice dated 31.07.2017, calling upon the encroachers to remove the encroachment within a period of fifteen days from the date of receipt of the notice, failing which, action will be taken under the provisions of the Tamil Nadu Land Encroachment Act, 1905, and the costs will be recovered from them. Challenging the legality of the orders dated 17.07.2017 and 31.07.2017 respectively, the petitioner has filed the present writ petition.

(3.) The petitioner claims that he is in possession and enjoyment of the property comprised in Old S.No.159 Part and TS.No.116, in Ward No.B, Block No.6, situate at Door No.35A/2, MBT Road, Ranipet, Vellore District, from the year 1997 and the superstructure is also subjected to statutory levies. The petitioner would further claim that the said property originally belongs to one Kalayani and after her life time, one Rani was in possession and enjoyment and from her, the petitioner claims to have purchased the same through an unregistered Sale Deed. It is further stated by the petitioner that the 5th respondent has also filed suits in OS.Nos.265/1998 and 57/2013 on the file of the Courts of the Subordinate Judge as well as the District Munsif, Ranipet, respectively, for eviction and both the suit are pending. The petitioner on 31.03.2017, submitted a representation seeking for patta and in the interregnum, he was issued with the notices under sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, dated 24.04.2017 and 10.05.2017 respectively and challenging the same, he along with Tvl.D.Dhanavel [petitioner in WP.No.22639/2017] and Ramadev @ K.Daruram [petitioner in WP.No.22641/2017] filed WP.Nos.12987 to 12989/2017 and a Division Bench of this Court vide common order dated 17.05.2017, has granted liberty to the petitioners therein to file an appeal before the Appellate Authority. The petitioner, aggrieved by the eviction proceedings initiated against him under the provisions of the Tamil Nadu Land Encroachment Act, 1905, has filed an appeal and the same was rejected on 17.07.2017 and the 4th respondent consequent upon the same, has issued the impugned notice dated 31.07.2017, calling upon the encroachers to remove the encroachment within a period of fifteen days from the date of receipt of the notice, failing which, action will be taken under the provisions of the Tamil Nadu Land Encroachment Act, 1905, and the costs will be recovered from them. Challenging the legality of the orders dated 17.07.2017 and 31.07.2017 respectively, the petitioner has filed the present writ petition.