L K PRABAKARAN Vs. DISTRICT COLLECTOR, COLLECTORATE OFFICE

JUDGEMENT

(1.) The petitioner has filed this Writ Petition challenging the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as "the Act").

(2.) Mr.V.Meenakshi Sundaram, learned counsel for the petitioner submitted that the impugned eviction order is in total violation of the principles of natural justice, as the explanations given by the petitioner dated 09.12017 and 19.12017, in response to the notice under Section 7 of the Act, were not considered. The impugned eviction order having been passed in a summary manner without conducting any enquiry, that too in a hasty and discriminatory manner, is unsustainable in law. The second respondent, who passed the impugned order has not assigned any reasons and without supplying the copies of the alleged survey report, the same has been passed. It is submitted that based on the alleged survey, which is stated to have been conducted without notice to the petitioner, terms the petitioner as an 'encroacher' whereas the petitioner has been granted Patta No.3633 in respect of the said land measuring about 26 cents and the petitioner is the absolute owner of the said property.

(3.) It is further submitted that the petitioner executed a Settlement Deed dated 30.10.2015, settling the said property in favour of his wife Tmt.Kamala. However, in the said Settlement Deed, a typographical error occurred in the survey number of the property, as it was mentioned as Survey No.136 instead of Survey No.131 and therefore, a Deed of Rectification was executed and registered by mentioning the correct survey number. It is submitted that Survey No.136 is classified as 'tank', which has been encroached by several persons and no action has been taken to evict those encroachers, but the petitioner alone has been targeted. It is further submitted that the petitioner's neighbour filed a suit in O.S.No.860 of 2016, on the file of the District Munsif Court, Tiruchirappalli, to declare the Settlement Deed executed by the petitioner, dated 30.10.2015 in favour of his wife as null and void and the suit is pending, and the petitioner and his wife, who were arrayed as defendants, are contesting the suit.