MOSES Vs. PRINCIPAL SECRETARY STATE OF TAMIL NADU

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 respondents 1 and 2.

(2.) The petitioners claim that they are the residents of Anna Nagar, 4th Street, Keezhayanambakkam Village and their forefathers and after their demise, they deemed to be in possession and enjoyment of the sites and superstructures for nearly four decades and they have been issued with Family / Ration Cards, Voters ID Card, Aadhar Cards and also the recipients of freebies scheme announced by the Government of Tamil Nadu and their superstructures have also been provided with electricity service, water connection and the said superstructures are also subjected to statutory levies. The grievance expressed by the writ petitioners is that all of a sudden, individual notices has been issued to the writ petitioners by the 6th respondent under section 7 of the Tamil Nadu Land Encroachment Act, 1905, alleged that they are in possession of the lands in S.No.32 which is classified as "Kuttai" [small water body] and expressing apprehension that they will be dispossessed, without recourse to due process of law, came forward to file the present writ petition.

(3.) The learned counsel for the petitioners has drawn the attention of this Court to the typed set of documents as well as the Google Map relating to the area in question and would submit that the residences of the petitioners are far far away from the Coovum River course and there exist very many Marriage Halls, Multi-Storeyed Buildings and other commercial entities and without taking any action, they are targeting the petitioners who are poor and belong to downtrodden community and would further add that in the event of their dispossession, they have to be in the streets along with the family and their children/wards are studying in the educational institutions and they will be put to grave hardship, difficulty and irreparable loss and prays for appropriate orders, protecting the interest of the petitioners.