V MURUGESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents from in any manner disturbing, removing or demolishing the petitioners' properties situated in Survey Nos.17, 89, 255, 552/2 and 632 Ayanambakkam, Maduravoyal Taluk, Thiruvallur District, in pursuance of the eviction notice, dated 13.02.2018 issued by the third respondent, consequentially direct the first and second respondents to either issue Revenue Patta to the petitioners' properties or, allot alternative accommodation to the petitioners' properties equivalent to the area in possession with the petitioners, within the territorial limits of Maduravoyal Taluk, Thiruvallur District.

(2.) The petitioners are apprehending that without considering the reply of the petitioners for the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, action would be taken and that the petitioners would be dispossessed and hence, they have come forward with the present Writ Petition contending that they have been residing in the place for more than a decade and some are residing for more than two decades. In support of his submissions, learned Senior Counsel appearing for the petitioners relied on a decision of this Court (W.PNo.3455 of 2012, dated 07.01.2015) (Thiruvallur Nagar Residents Society Vs. Corporation of Chennai,2015 SCCOnline 521 (Madras) ).

(3.) It is to be noted that this Court, in W.P.No.3546 of 2018, by order dated 19.02.2018, with regard to the provisions of the Tamil Nadu Land Encroachment Act, has observed as follows: