ASSISTANT EXECUTIVE ENGINEER Vs. SUNDAR SELVAKUMAR (DIED)

JUDGEMENT

(1.) The Civil Revision Petition arises out of the order dtd. 6/4/2015 passed in E.P. No. 44 of 2013 in O.S. No. 138 of 2003 on the file of the Principal District Munsif Court, Padmanabhapuram.

(2.) The suit in O.S. No. 138 of 2003 before the Principal District Munsif Court, Padmanabhapuram was instituted by Sudar Selvakumar claiming the relief of declaration of ownership of the property described in Schedule B to its plaint and for permanent injunction restraining the Defendants in that suit, who are authorities of the Government, from disturbing his possession of that property. The Lower Court by judgment dtd. 30/11/2015 came to the conclusion that the said Sudar Selvakumar did not have any title to the property and hence rejected his claim for declaration. However, on finding that he was in possession of that property, a decree for permanent injunction was granted restraining the Defendants in that suit from disturbing his possession except by due process of law.

(3.) After the enactment of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, made thereunder, the Government of Tamil Nadu circulated copies of the said Act and the Rules by Letter No. 11634/W2/2007-10 dtd. 10/10/2007 to all the District Collectors to enforce the provisions of the Act and had also given certain directives for the manner of its implementation. When the vires of that Act was challenged, the Division Bench of this Court in T.S. Senthil Kumar -vs- Government of Tamil Nadu [(2010) 3 MLJ 771] upheld its validity and had issued the following directions:-