N PERIASAMY ALIAS KOOTHANAR Vs. SUB COLLECTOR TIRUPPUR

JUDGEMENT

(1.) All the above writ petitions have been filed praying to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of a writ, forbearing the respondents and their subordinate officials from in any manner evicting the petitioners from the properties mentioned in the respective petitions, All located at Trichy Main Road, Selvarajapuram, Chinthamani Pudur Post, Palladam Taluk, Coimbatore District or demolishing the said buildings except under due process of law and to pass such other appropriate orders as this Court may deem fit and proper in the circumstances of the case.

(2.) The case of the petitioners is that the respondents without serving the necessary notices nor following the procedures, demolished some houses adjacent to the properties concerned with the above writ petitions on 17-9-1992 and when they attempted to lay hands on these houses, wherein the petitioners are either residing or have set up their trade or business, apprehending demolishing in an unauthorised manner at the hands of the respondents, the petitioners have resorted to file the above writ petitions seeking protection against taking arbitrary possession of their properties or demolishing the same by the respondents. It has been made clear in the petition that without resorting to the process of law, let not there be any disturbance to their possession or demolition of their properties. Facts may differ to a little extent regarding the nature of possession by the respective petitioners in all the above petitions and the rights of parties accrued all these days. But, their common legal grievance is that unless the procedure contemplated under the Tamil Nadu Encroachment Act, 1905 (Act II of 1905), the respondents cannot disturb them from out of their possession or evict them by any other means.

(3.) The learned Counsel for the petitioners in all the above writ petitions would contend that so far as W.P. No. 14790 of 1991 is concerned, the father of the petitioner was in occupation of the land by constructing a titled shed and the Tahsildar, Tiruppur ordered eviction by his proceedings in B.M. 21/76, dated 31-5-1967 holding that the land encroached by them is classified as "vari Poromboke" and hence it is objectionable; that thereupon he preferred an appeal to the Sub Collector, Pollachi, but the same was rejected on 12-3-1968; that in the revision preferred before the revisional authority/District Revenue Officer, he called for a report from the Assistant Collector, Pollachi and after inspection, the Assistant Collector, Pollachi reported that "the encroachment is in a higher level, that normal floods will not affect the structure, that the portion of the odai at this place is fairely large and that sizable quantity of rain water will be flowing in it and that the encroachment is unobjectionable and may be allowed to continue." The District Revenue Officer, citing the inspection note of the Assistant Collector, Pollachi writes in his order dated 8-5-1969 that "I have also inspected the encroachment. It is in a higher level and does not cause any hindrance to the vari. It is therefore treated as unobjectionable."