MOHANA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.Akhil Akbar Ali, learned Government Advocate accepts notice on behalf of respondents.

(2.) The deponent of the affidavit is the first petitioner and in the affidavit filed in support of this writ petition, she would state that she along with other petitioners are residing at Kuthusi Gurusamy Salai, Imperial Road, Cuddalore New Town and District, for more than 25 years by putting up a RCC Structure / thatched house in Ward No.1, Block No.10, Nagaralavu TS.No.663, in the said road and it is classified as "Sarkar Poramboke land" as per the Extract of the Town Survey Land Register. She would further state that the properties of the petitioners have also been subjected to statutory levies and they have also been issued with Aadhar Cards and they also belong to economically backward and also hailing from lowest strata of the society.

(3.) The learned counsel for the petitioners would submit that all of a sudden, the petitioners were issued with Form III Notice dated 02.11.2019, calling upon them to remove the encroachment within a period of 21 days from the date of receipt of a copy of the said Notice and in response to the same, the 1st petitioner has also submitted a representation dated 18.11.2019 and took a stand that she is residing in the said premises for more than 36 years and the land in question belongs to Railway and she has been issued with Ration Card, Aadhar Card etc., and therefore, prays for dropping of the proceedings. It is further contended that the provisions under which the impunged Notices were issued, have also not been indicated and therefore, the petitioners are prevented from making effective and proper representation and in the light of the fact that they are residing in their respective premises/properties in question for over three decades, prays for quashment of the impugned notices dated 02.11.2019.