K.VEERAPATHIRAN Vs. PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The first petitioner claims to have purchased the premises bearing Door No.107/1 in Survey No. 1471/1C4 at Lakshmipuram, Red Hills Road, admeasuring an extent of 1500 sq.ft. through an unregistered sale deed dated 11.12.1997. The third petitioner claims to have purchased a vacant land admeasuring to an extent of 1800 sq.ft. in the same survey number at Saidapet Taluk Madhavaram Madhura Lakshmipuram Village , now Thiruvallur District, through am unregistered sale deed dated Nil-09-1999. The fourth petitioner claims to be the owner of 300 sq.ft. of vacant site in the same survey number through a registered settlement deed dated 11.01.1996, vide document No.181/1996, registered on the file of Sub Registrar, Sembium. The seventh petitioner claims to be a owner of 180 sq.ft. vacant house site in the same survey number through a registered settlement deed dated 13.10.1995, vide document No.5990/1995, registered on the file of Sub Registrar, Sembium. The eight petitioner claims to be a owner of 1800 sq.ft. of vacant site in the same survey number at New Lakshmipuram Grama Natham Poromboke (Village site), through a registered settlement deed 30.6.1992 bearing No.3415/1992 on the file of Sub-Registrar, Sembium. And, as to the rest of the petitioners, except producing the receipts evidencing statutory levies, they did not file any documents.

(2.) Mr.R.Neelakandan, learned counsel appearing for the petitioners would submit that the petitioners, by virtue of their purchase/settlement, they are in possession of house sites and by laying superstructures in question, derived certain rights, and the said superstructures are also subject to statutory levies. He would further submit that in response to the earlier notices dated 22.08.2019, issued by the second respondent, the petitioners have submitted their representations dated 29.08.2019, despite which, without conducting any proper enquiry, impugned notices came to be issued by the second respondent in Form-III, under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and the Rules framed therein. It is the further submission of the learned counsel that the petitioners belong to economically backward and weaker section of the Society, and hence, prays for quashment of the impugned notices dated 23.10.2019.

(3.) Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader accepts notice on behalf of the respondents and would submit, admittedly notices have been issued as to the unauthorised occupation/encroachment on the part of the petitioners in respect of Survey No.1420/1 of Madhavaram Village and Taluk, Chennai District, but whereas the documents produced by the petitioners would show that they claim to be in possession of Survey No. 1471/1C4 and would further add that, action has been taken against the encroachers, strictly in accordance with law, under the provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, and prays for dismissal of this petition.