LAWS(MAD)-2019-12-597

M.JEYASUDHA Vs. DISTRICT COLLECTOR

Decided On December 20, 2019
M.Jeyasudha Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The reliefs sought for in all these writ petitions are identical and hence, the writ petitions were heard together and are disposed of by this common order.

(2.) W.P.(MD) No.21908 of 2019 is taken as a lead case and it would suffice to refer to the facts stated therein.

(3.) The petitioners have filed the writ petitions for issuance of a writ of certiorari to quash the order, passed by the Tahsildar, Kovilpatti Taluk, dated 24.09.2019, by which the Tahsildhar directed the petitioners to vacate the encroachments in the odai poramboke and also to remove the shops constructed by the fourth respondent Temple on the top of the odai. In the impugned order, there is a reference to an order, dated 12.09.2019, passed by this Court in W.P.(MD) Nos.19561 of 2019 etc. batch. The said writ petitions were filed challenging the eviction notice, dated 22.08.2019. The petitioners therein contended that the land is classified as "Grama Natham"? and therefore, the provisions of the Tamil Nadu Land Encroachment Act are not applicable. The Court having found that the classification of the land is "Odai"?, held that the petitioners therein cannot remain in possession of the land. In the light of the said conclusion, the writ petitions were dismissed and an observation was made to the effect that if there is any encroachment, which is yet to be removed, the respondents shall remove the same completely within a period of fifteen days and seek Police assistance, if required. The third respondent has referred to this order and direction in the impugned notice.