LAWS(MAD)-2009-10-74

C N BABU Vs. STATE OF TAMIL NADU

Decided On October 27, 2009
C.N. BABU Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondens to handover possession of the property situate in Tiruvannamalai District, Tiruvannamalai Town, Ward No.1 Block No,5 in Chinnakadai Street, T.S.No.117/1 Total 7282 Sq.ft. Out of this 960 sq.ft. Bounded by West of the Street, East of Mannu Pillai's son Rajendran's kalyana mandapam, North of Mannupillai's son Gnanam's Complex, South of C.N.Babu's Mechanic Shed in between East to West 60 feet, North to South 16 Feet Total 960 sq.ft. Amidst this is situated a thatched house and a terraced house bearing Old Door No,44, New Door No.117 with Electric Service Connection bearing service Connection No,32066 including its deposit. W.P No,46930 of 2002: THIS writ petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondents to handover possession of the property situate in Tiruvannamalai District, Tiruvannamalai Town, Ward No.1 Block No,5 in Chinnakadai Street, T.S.No.117/1 Total 7282 Sq.ft. out of this 470 sq.ft. bounded by West of the Street, South and East Manupillai's son Rajendran's Kalyana Mandapam , North of C.N.Babu's Mechanic Shop amids this was situated the said Sivakumar Flour Oil Mill bearing Old No,47, New Door No.123 with Electric Service connection 32033 including its deposit. W.P No.1543 of 2003: THIS writ petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondents to handover possession of the property situate in Tiruvannamalai District, Tiruvannamalai Town, Ward No.1 Block No,5 in Chinnakadai Street, T.S.No.117/1 Total 7282 Sq.ft. out of this 1750 South of Kalyana Mandapam of the petitioner anmed as "Shri Mannupillai kalyana Mandapam", North of Dhanapal's house, West of Chinnakadai Street, East of manickam's house in between East West 35 feet and North to South 50 feet amidst this a vacant site being used as car parking stand by the petitioner. W.P No.16111,16116 & 19016 of 2003: These writ petition are filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari calling for the records of the 3rd respondent relating to his proceedings in B.M.P.No,4-7/1412 R.F.XIV C.1-2-2 26,206 MDU dated 26.8.002 and to quash the notice under Section 6 of the Land Encroachment Act made therein.) Common Order: While, the prayer in the first four writ petitions is for a Writ of Mandamus directing the respondents to hand over possession of a property situated in T.S.No.117/1, Chinnakadai Street, Block No.V, Ward No.I, Tiruvannamalai Town, the prayer in the remaining three writ petitions is to set aside a notice under Section 6 of the Tamil Nadu Land Encroachments Act, 1905 (hereinafter referred to as the Act).

(2.) HEARD Mr. S. Parthasarathy, learned Senior Counsel appearing for the petitioner in all these writ petitions and Mr. A. Arumugam, learned Special Government Pleader for respondents.

(3.) THE respondents have produced the files and I have perused the same.