VIJAYA AND OTHERS Vs. DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) By consent, all the writ petitions are disposed of by this common order as the issue to be adjudicated is one and the same. Mr.R.Udhaya Kumar, learned Additional Government Pleader, accepts notice for respondents.

(2.) 1. W.P.No.12083 of 2018: Petitioner claims to be a permanent resident of the premises at No.8, 10th Lingam Street, Madavaram Village, Madavaram Taluk, Thiruvallur District - 601 201, admeasuring an extent of 1200 sq.ft. and according to him, it is a patta land bearing Survey No.602 and petitioner claims right, title and possession through an unregistered sale deed dated 09.10.2015. Petitioner would further aver that he has been issued with Family Card and Aadhar Card and the premises in question has also been given electricity service and the said property is subjected to statutory levies. However, to the shock and surprise, the petitioner was issued with the impugned notice by the fourth respondent and challenging the said notice, petitioner has came forward to file this writ petition. 2. 2. W.P.No.12084 of 2018: Petitioner claims to be a permanent resident of the premises at No.4, 10th Lingam Street, Madavaram Village, Madavaram Taluk, Thiruvallur District - 601 201, admeasuring an extent of 600 sq.ft. and according to him, it is a patta land bearing Survey No.602 and petitioner claims right, title and possession through an unregistered sale deed dated 25.03.2015. Petitioner would further aver that he has been issued with Family Card and Aadhar Card and the premises in question has also been given electricity service and the said property is subjected to statutory levies. However, to the shock and surprise, the petitioner was issued with the impugned notice by the fourth respondent and challenging the said notice, petitioner came forward to file this writ petition. 2. 3. W.P.No.12085 of 2018: Petitioner claims to be a permanent resident of the premises at No.3, 10th Lingam Street, Madavaram Village, Madavaram Taluk, Thiruvallur District - 601 201, admeasuring an extent of 600 sq.ft. and according to him, it is a patta land bearing Survey No.602 and petitioner claims right, title and possession through an unregistered sale deed dated 19.10.2015. Petitioner would further aver that he has been issued with Family Card and Aadhar Card and the premises in question has also been given electricity service and the said property is subjected to statutory levies. However, to the shock and surprise, the petitioner was issued with the impugned notice by the fourth respondent and challenging the said notice, petitioner came forward to file this writ petition. 2. 4. W.P.No.12086 of 2018: Petitioner claims to be a permanent resident of the premises at No.2, 10th Lingam Street, Madavaram Village, Madavaram Taluk, Thiruvallur District - 601 201, admeasuring an extent of 600 sq.ft. and according to him, it is a patta land bearing Survey No.602 and petitioner claims right, title and possession through an unregistered sale deed dated 13.05.2015. Petitioner would further aver that he has been issued with Family Card and Aadhar Card and the premises in question has also been given electricity service and the said property is subjected to statutory levies. However, to the shock and surprise, the petitioner was issued with the impugned notice by the fourth respondent and challenging the said notice, petitioner came forward to file this writ petition.

(3.) Learned counsel appearing for the petitioners would submit that in the light of long possession and enjoyment, they cannot be termed as encroachers and though according to the respondents, the lands on which the superstructures have been put up are classified as water course/water body, in reality, it is so and there are very many other residential buildings exist in the locality and without doing proper enumeration and verification in terms of the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 and the rules framed thereunder, action is being taken by the third respondent, which is per se unsustainable and therefore, the petitioners are constrained to approach this Court challenging the impugned notices.