V P JAYAKUMAR Vs. PRINCIPAL SECRETARY AND COMMISSIONER

JUDGEMENT

(1.) Being aggrieved by the order dated 17.09.2018 passed by the learned Single Judge in W.P.No.6193 of 2014, the Writ Petitioner has come up with the above Writ Appeal.

(2.) According to the Appellant/Writ Petitioner, he and his forefathers are in continuous possession and enjoyment of the land comprised in S.No.764/5 and the Writ Petitioner is paying kist to the said land continuously. While carrying out the re-survey and settlement, the Writ Petitioner's forefather's name had not been mentioned. Further, in the course of carrying out UDR, the above said Survey Number alone was erroneously classified as "Tharisu" without verifying the valid and lawful title of the Petitioner's forefather. Though there is a Government Order and well established procedures contained in the manual of re-settlement, both were conveniently ignored and the 2nd Respondent, vide proceedings dated 04.12013, arbitrarily rejected the Writ Petitioner's lawful and genuine grievance and passed an exfacie illegal order.

(3.) Challenging the said proceedings dated 04.12.2013 passed by the 2nd Respondent, the Appellant/Writ Petitioner preferred an Appeal before the 1st Respondent on 09.01.2014. The 1st Respondent, vide order dated 21.01.2014, simply rejected the Writ Petitioner's Appeal, stating that there is no valid ground to pass orders at that stage. It is further stated by the Writ Petitioner that based on the Proceedings dated 04.12.2013 of the 2nd Respondent and the Proceedings dated 21.01.2014 of the 1st Respondent, the 3rd Respondent had been warning him to remove the live fencing and the barbed wire fencing put up in and around the four sides of S.No.764/5. Also, on 30.01.2014, the 3rd Respondent mobilized JCB (Earthmover) with men and material to break open the live and barbed fencing put up by the Writ Petitioner, so as to take over the land comprised in S.No.764/5 of Vellalur Village from the Writ Petitioner's possession.