MURUGESAN Vs. DISTRICT COLLECTOR, KRISHNAGIRI DISTRICT AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents.

(2.) This Court after hearing the submissions of the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents and on going through the materials, is of the considered view that there is total non-application of mind on the part of the 3rd respondent. Therefore, the impugned notices dated 26.02.2018 and 23.03.2018 respectively, are liable to be quashed and the official respondents are to be granted liberty to the proceed in accordance with law.

(3.) The materials placed before this court would disclose that the father of the petitioner, viz., Thimmarayan, was in occupation and enjoyment of the land admeasuring to an extent of 36 feet East - West and 42 feet North - South, in Gramanatham land comprised in S.No.148/2A, Salamarthupatti Village, Uthangarai Taluk, Krishnagiri District for the past 47 years and he has also put up a thatched house and was living with his family and during his life time, the Local Body has also accorded permission to put up a Community House and he has constructed the same and after his demise, the petitioner has succeeded to the Estate and continues to reside in the property. The petitioner was issued with a notice dated 26.02.2018 under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, alleging that he has encroached 88 sq.m., of land in S.No.148/2A, Salamarthupatti Village, Uthangarai Taluk, Krishnagiri District and constructed a bath room and put up the foundation stone for putting up a compound wall. The petitioner has submitted his detailed response dated 23.03.2018, denying the allegation and also traced his right, title and possession in respect o the said land and the 2nd respondent, on 23.03.2018, has issued notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.