K V RATHANAM Vs. DIVISIONAL EHGINEER (H)

JUDGEMENT

(1.) This is the case of an agreement holder agreeing to purchase the land acquired by the Government of Tamil Nadu for widening the State Highway, pursuant to the award No.1/87 dated 7 January 1987. The appellant, on the basis of the sale agreement dated 31 August 1998, executed by a person who had no title, constructed a commercial building and resisted the action initiated by the Highways Department for eviction, all these years. The initiation of writ petition is the final attempt to protect the illegal possession of the Government land.

(2.) The appellant filed a Writ Petition in W.P.No.33341 of 2006 for issuance of a Writ of Mandamus forbearing the respondents from demolishing the building constructed in Survey No.150/1 and 150/2, Korattur village, Ambattur Taluk. The appellant in the said Writ Petition, claimed that he purchased 5600 sq.ft. of land in Survey No.150/1 and 150/2 from Mr.Ramalingam, as per sale agreement dated 31 August 1998. Even though the entire sale consideration was paid, sale deed was not executed by the vendor. The appellant claimed that he was put in possession of the land. The appellant constructed a huge building and commenced business in steel and hardwares.

(3.) The Highways Department claimed ownership of the land on the strength of the award No.1/87, and took series of measures to evict the appellant. The appellant initiated string of proceedings and throttled the attempt. When a notice calling upon the appellant as to why he should not be evicted was issued on 23 March 2006, he filed a Writ Petition in W.P.No.33341of 2006. The petitioner obtained an interim order of injunction restraining the respondents from taking possession and continued to occupy the land all these years.