K. SHANMUGAVEL MUDALIAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.T.M.Pappiah, the learned Special Government Pleader, accepts notice for respondents.

(2.) According to the petitioner, the land admeasuring an extent of 27.65 acres comprised in Survey No.210/2, Pozhichalur Village, Alandur Taluk, Kanchipuram District, is classified as 'Grama Natham' and the entire extent is owned, possessed and enjoyed continuously by several families of Vellalar community for centuries exercising all rights of ownership including rights of transfer. The petitioner claims that his ancestors have constructed four private temples in their private land admeasuring an extent of 6 acres and given the details in paragraph No.3, which is extracted hereunder: <FRM>JUDGEMENT_1260_LAWS(MAD)4_2018_1.html</FRM>

(3.) The learned counsel appearing for the petitioner would submit that to the shock and surprise of the petitioner, he has been issued with notice under section 7 of the Tamil Nadu Land Encroachment Act, 1905, stating that the land in Survey No.210/2, Pozhichalur Village, Alandur Taluk, Kanchipuram District, is classified as 'Grama Natham' and the total extent is 27.65 acres and the petitioner is in possession of 6 acres, wherein house and shops are located, capable of yielding income. It is the submission of learned counsel appearing for the petitioner that once a land is classified as 'Grama Natham', the Tamil Nadu Land Encroachment Act, 1905, is applicable at all and hence, prays for interference.