M S BALASUBRAMANIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) WRIT Petitions are filed under Article 226 of the Constitution of India praying to issue a WRIT of Mandamus forbearing the Respondents or their men, officers, subordinates or agents from any manner proceeding against the Petitioners' lands and shops which they are in possession and enjoyment in T.S.No,4/2, New Block No,9 (Old No,39), 4 - roads, Mettur town.) Common Order: Petitioners seek WRIT of Mandamus forbearing the Respondents from in any manner proceeding against the lands and shops, which are in possession and enjoyment of the Petitioners comprised in T.S.No,4/2, Block No,9 (Old No,39) Mettur Town, Salem District.

(2.) PETITIONERS in W.P.Nos. 25849 & 25851/2006 have filed M.P.No.1/2008 to direct the Respondents to restore back the lands from which PETITIONERS were said to be forcibly evicted on 18.08.2006.

(3.) CONTENDING that no notice was served upon the Petitioners, on behalf of Petitioners in W.P.Nos.25849 & 25851/2006 Mr. R.Gandhi, learned Senior counsel inter alia made the following submissions:- "Petitioners have all along been in possession of 8.64 acres in T.S.Nos.4/2 and they have put up construction and are also doing agriculture and they have been paying the amount due and payable to the Government. "Lands in S.No,4/2 have been classified as 'Natham lands' and Gramanatham never vested with the State. "No notice was served upon the Petitioners u/s.6 of TN Encroachment Act and the alleged notices u/s.7 and orders passed u/s.6 of the Act were created for the sake of records. "Had any notice been served upon the Petitioners, Petitioners would have challenged the same. "Petitioners having been in possession for long time, in violation of procedures, Petitioners cannot be thrown out overnight. In support of his contentions, the learned Senior counsel has also placed number of decisions which I would refer at appropriate place.