RAJENDRAN Vs. THE DISTRICT COLLECTOR, RAMANATHAPURAM AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the above writ petition seeking a writ of Mandamus to forbear the respondents from in any manner dispossessing or evicting the house property premises bearing Survey No.73/1 of an extent of 3 cents and bearing Door No.3/57C, North Kadarkarai Kudiyeruppu, Pudukudi, Thondi, Ramanathapuram District till the issuance of patta in pursuance of the enquiry notice issued by the first respondent, dated 06.04.2018 in Na.Ka.No.P2/897/2018 based on the common order passed by this Court in W.P(MD)No.5432 of 2018, dated 15.03.2018.

(2.) It is pertinent to note that though the third respondent had passed the orders under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner has not challenged the same. The present writ petition has been filed only for issuance of a writ of Mandamus.

(3.) The learned counsel for the petitioner submitted that the petitioner is in possession and occupation of the property in Survey No.73/1 admeasuring 3 cents for more than 70 years and therefore, he should be allowed to continue in possession of the said property.