JEEVARATAM AMMAL Vs. COLLECTOR

JUDGEMENT

(1.) The Notice issued to evict the writ petitioners under the provisions of the Land Encroachment Act is under challenge in the present writ petition. The Tashildar states that she is the permanent resident of Kallai Village, Olaipadi Post, Kunnam Taluk, Perambalur District.

(2.) The learned counsel for the petitioner claims that an assignment was issued in her favour and more specifically in S.No.6/3 in olaipadi village. The lands were assigned in favour of the writ petitioner and the petitioner is cultivating the said land. The petitioner claims that she is in possession and enjoyment of the same for the past many years. The 2nd respondent issued notice to the writ petitioner under Section 5 of the Tamil Nadu Land Encroachment Act 1905, on 15.04.2004. The petitioner is of the opinion that she is not an encroacher and therefore, the notice issued under the provisions of the Land Encroachment Act is not binding on the writ petitioner. The petitioner has received notice from the 2nd respondent in proceeding dated 20.11.2004 under Section 7 of the Tamil Nadu Encroachment Act 1905 stating that the writ petitioner is an encroacher. The petitioner submitted an explanation and the 2nd respondent has not considered the explanation submitted by the writ petitioner and therefore, the petitioner is construed to move the present writ petition.

(3.) The 2nd respondent Tashildar filed a counter affidavit stating that the writ petitioner Mrs.Jeevaratnam ammal owns an extent of 0.13.5 Hectares of dry land in S.No.6/6 Olaipadai (E) Village, which stands registered in her name in patta No. 1922. Encircling this piece of land on its 3 sides namely north, west and south lies S.F.No. 6/3, which is involved in this writ petition. The said land is classified as assessed waste dry having an extent of 3.53.5 Hectares. This land, being belong to the Government, the writ petitioner has no entitlement in respect of the said land. Action has been initiated to evict the 14 unauthorised occupations in S.F.No.6/3. Thiru.Samiyappa s/o Valayutham who is the husband of the writ petitioner has encroached an extent of 0.02.0 Hectares in S.F.No.6/3. In respect of the encroachers in that locality, actions were initiated and therefore, the writ petitioner has no right to encroach the Government land and thus, the action initiated under the provisions of the Land Encroachment Act is in accordance with law and there is no infirmity as such.