JAYALAKSHMI Vs. SPECIAL OFFICER/BLOCK DEVELOPMENT

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 0.03.0 ares of land in S.No.60/1 in Azhiyur Village, Villupuram Taluk and District and according to her, the forefathers of her husband were in possession and enjoyment of the said land and by way of succession, her husband came to be in possession of the property and after his demise, the petitioner continues to be in possession and enjoyment of the same. It is also the case of the petitioner that the lands belonged to her in patta No.59 in S.No.60/2 along with superstructure have been acquired for the purpose of road expansion and undertaken by the National Highways Authority of India and she had also received compensation and the petitioner is in possession of a meager extent of 3 = 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 u/s.6 of the Tamil Nadu Land Encroachment Act, 1905 dated 12.01.2018 and challenging the same, she filed WP.No.1933/2018 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.