V. RAJENDRAN Vs. SPECIAL OFFICER/BLOCK DEVELOPMENT OFFICER

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.R.Udhayakumar, learned Additional Government Pleader accepts notice on behalf of the respondent.

(2.) The petitioner claims to be in possession of 0.02.0 ares of land in S.No.60/1 in Azhiyur Village, Villupuram Taluk and District and according to him, he is said to be in possession and enjoyment of the same for the past 33 years. It is also the case of the petitioner that certain lands have been acquired for the purpose of road expansion by the National Highways Authority of India and the petitioner is in possession of a meager extent of 2 1/2 cents of land in "Kulam Poramboke".

(3.) The learned counsel for the petitioner would submit that the possession of the petitioner on the land in question is an unobjectionable one and on an earlier occasion, the respondent had issued notice under section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated 12.01.2018 and challenging the same, he filed WP.No.1934/2018 and the said notice was quashed with a further direction, directing the respondent to take into consideration the earlier written objections submitted by the petitioner and pass orders in accordance with law and despite such a positive direction, once again the respondent has issued the impugned notice dated 05.04.2018 without assigning any reasons and making a challenge to the said order, the petitioner is before this Court by filing the present wit petition.