LAWS(MAD)-2017-10-293

NAVAMANI Vs. DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT

Decided On October 10, 2017
Navamani Appellant
V/S
DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT Respondents

JUDGEMENT

(1.) By consent, all the writ petitions are taken up for final disposal. Since the issue involved and to be adjudicated in the above writ petitions is one and the same, the said writ petitions are disposed of by the following common order.

(2.) Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 5 in all the writ petitions.

(3.) [A] Wp.No.26364/2017:- Main Road, Santhosapuram, Chennai-600 073 and he would aver that he is in possession and enjoyment of the said property for more than 30 years and even prior to him, his predecessors in title have been paying property taxes and other taxes for the past 25 years and his possession had also been acknowledged by the concerned authorities by extending water supply and sewage connection, electricity supply connection etc. The petitioner has also been issued with Ration Card, Voter ID Card and Aadhar Card. The petitioner had also applied for patta in respect of the land in his possession and would claim that pattas have been issued to some of the owners in S.No.78/1. The petitioner would also aver that to his shock and surprise, he has been issued with the notice under section 6 of the Tamil Nadu Land Encroachment Act, 1905, alleging that he has encroached upon the land classified as "Meikkal Poramboke in S.No.78/1 admeasuring to an extent of 00266 sq.m. and put up a residential premises and a shop and challenging the legality of the same, he filed an appeal under section 10 of the Tamil Nadu Land Encroachment Act, 1905, to the 1st respondent along with the petition for stay and in spite of pendancy of the appeal, steps are being taken by the respondents to dispossess him and hence, he came forward to file the present writ petition. Main Road, Santhosapuram, Chennai-600 073 and he would aver that he is in possession and enjoyment of the said property for more than 30 years and even prior to him, his predecessors in title have been paying property taxes and other taxes for the past 25 years and his possession had also been acknowledged by the concerned authorities by extending water supply and sewage connection, electricity supply connection etc. The petitioner has also been issued with Ration Card, Voter ID Card and Aadhar Card. The petitioner had also applied for patta in respect of the land in his possession and would claim that pattas have been issued to some of the owners in S.No.78/1. The petitioner would also aver that to his shock and surprise, he has been issued with the notice under section 6 of the Tamil Nadu Land Encroachment Act, 1905, alleging that he has encroached upon the land classified as "Meikkal Poramboke in S.No.78/1 admeasuring to an extent of 00071 sq.m. and put up a shop and a residential premises in the first floor and challenging the legality of the same, he filed an appeal under section 10 of the Tamil Nadu Land Encroachment Act, 1905, to the 1st respondent along with the petition for stay and in spite of pendancy of the appeal, steps are being taken by the respondents to dispossess him and hence, he came forward to file the present writ petition.