N VEERAKUMAR Vs. DISTRICT COLLECTOR COLLECTORATE TRICHY

JUDGEMENT

(1.) THIS writ petition has been filed praying for a writ of Certiorarified Mandamus to call for the entire records relating to the proceedings of the third respondent, dated 14. 8. 2009, and quash the same and consequently direct the third respondent to measure the land measuring an extent of 239 square meters and the residential building bearing door numbers 4/56b Main Road in Natham s. F. No. 179 in Thuvakudi Village, Trichi District and to pass further orders.

(2.) THE petitioner had submitted that the land measuring about 239 square meters in Natham S. F. No. 79 in Thuvakudi Village, Trichi District, is in possession and enjoyment of the petitioner. A terraced house had been constructed in the said land during the life of the petitioner's father. The door Nos. 4/56b was allotted to the said house. The petitioner's father has been paying the property tax and water tax in his name. An electricity service connection, ration card and voter identity card have also been provided with the petitioner. While so, by the proceedings of the third respondent, dated 1. 8. 2008, an eviction notice had been issued to the petitioner to remove the unauthorised occupation under Section 26 (2) of the Control of National Highways (land and Traffic) Act, 2002, within 7 days from the date of receipt of the said notice. Thereafter, the petitioner had submitted a representation to the third respondent stating that the plan annexed to the impugned notice, which had been drawn by the fifth respondent, is incorrect and that it differs from the sketch maintained by the Revenue department.

(3.) THE petitioner had further stated that he has been in possession and enjoyment of the land in question and the residential house therein for over 50 years. He has also been paying the property tax, house tax and water tax in respect of the said land and house. Therefore, it cannot be said that the petitioner had encroached upon the said land, as alleged by the third respondent. Since the respondents are likely to demolish the residential house belonging to the petitioner and take over the land belonging to the petitioner, the petitioner has preferred the present writ petition before this Court under article 226 of the Constitution of India.