M.KAILASAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The relief sought for in the present writ petition is to forbear the respondents 1 and 2, their men and agents from in any manner demolishing and interfering with the peaceful possession and enjoyment of the petitioner's land, building and premises admeasuring 608 sq.ft situated in Survey No.Bi,38/4C, Olaipatti Village, Mettur Taluk, Salem District.

(2.) The learned counsel for the writ petitioner states that the property described in the writ petition was originally classified as house site plot and belonged to the writ petitioner. The writ petitioner purchased the said plot from one Smt.Ranjitham and possessed the title. The writ petitioner constructed a house in the said property. However, the respondents are interfering with the peaceful possession and enjoyment of the writ petitioner in respect of his residential premises and therefore, the writ petitioner is constrained to move the present writ petition.

(3.) The learned Government Advocate appearing on behalf of the respondent based on the instructions issued by the Tahsildar, Mettur informed this Court that the writ petitioner has encroached the portion of the land which is classified as "Kamaneri", which is a water body. Therefore, the writ petitioner has encroached the water body which is the Government Poramboke land and therefore, a notice was issued to the writ petitioner under the provisions of the Encroachment Act during the year 2005. However, the writ petitioner has approached this Court by filing the present writ petition and all further actions are kept in abeyance on account of the pendency of the present writ petition.