R SARASU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Additional Government Pleader appearing for the Respondents.

(2.) According to the Petitioner, her community people are homeless in the society and considering her status of homelessness in the society, the Third Respondent/Tahsildar of Thiruppur Taluk had assigned the Patta bearing No.H &D 349/1410 to the land measuring an extent of 2.25 Cents on 12.12.2000. In the Patta land that was given to her, she had put up one house covered by tiles and the same was possessed and enjoyed by her, even before the Patta was issued in her favour. She had been in continuous possession and enjoyment of the said land by putting up a house till now. She had extended her roof, which is touching the land to an extent of 2.75 Cents and the said house is being put up and enjoyed by her for the past 30 years without any interruption from anybody. She is paying house tax to the house measuring an extent of 5.25 Cents and as on date, no one including the Revenue Authority, the Respondents herein have raised any objection and most of the people in the said area according to her, have put up house by extending the roof which is touching the Government land. Moreover, all the people in the said area are paying the House Tax to the lands which is in the Government Poramboke.

(3.) The version of the Petitioner is that she has been issued with an Aadhar Card to the house measuring an extent of 5.2 Cents and the house is at Seventhampalayam [Muthanampalayam], Thiruppur. In the meanwhile, the Third Respondent without issuing any notice as contemplated under the Act, had directed her to appear before him and she was compelled to give in writing to the effect that if she would not demolish the roof which touching the Government land on or before 24.02.2018, the Third Respondent will initiate necessary action to demolish the construction in the Government land. In fact, she refused to give it in writing and taking undue advantage of her illiteracy, the Third Respondent had obtained her signature in the blank paper and the matters were written by the office of the Third Respondent and subsequently, she was shocked and surprised on knowing the said fact.