(Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the respondents.
2. Heard the learned counsel for the parties.
3. The petitioners have filed this writ petition seeking issuance of a writ of certiorarified mandamus calling for the records of respondents 2 and 3 in their impugned notice dated 23.12.2016 issued under Sub-section (3) of Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same in respect of possession and enjoyment of the petitioners herein, and consequently direct the first respondent to consider the issuance of pattas to each the petitioners based on their possession and enjoyment of 3 cents of land in various villages in Chengalpattu Taluk, Kancheepuram District.
4. The petitioners are landless poor persons and are living in the lands in question for over 40 years, having put up their own superstructures and they have obtained ration cards, electricity service connection, water supply connection, etc. It is claimed that Singaperumal Koil Panchayat has granted No Objection to transfer the above land into patta land and a resolution has also been passed to that effect. It is further pleaded that the government vide G.O.Ms.No.854, Revenue Department, dated 30.12.2006 provided 3 Cents of land for house site and pattas to the persons who are all in possession and residing in the government lands for more than ten years and in terms of the said government order, the petitioners are eligible to get free house site pattas and their claim in this regard is under consideration by the authorities. While things stood thus, it is alleged that respondents 2 and 3 issued notice dated 23.12.2016 under Section 7 of the said Act calling upon the petitioners to show cause as to why they should not be evicted. The petitioners have also submitted their objections to the same. It is alleged that the respondent authorities without following the procedure contemplated under the said Act are threatening to evict the petitioners from the said lands and in such circumstances, they have filed this writ petition for the relief stated supra.
5. The proceedings under challenge in this writ petition are show cause notices issued under Section 7 of the said Act. Admittedly, in response to the said notices, the petitioners have submitted their objections and the same is pending consideration. The anxiety expressed by the petitioners is that without proper recourse to the procedure contemplated under the said Act the authorities are likely to evict the petitioners.
6. As per the provisions of the said Act, the respondent authorities, after consideration of the objections submitted by the petitioners, have to pass an order under Section 6 of the said Act. Even against the said order, the petitioners have a right to appeal under Section 10 of the said Act before the District Collector. The petitioners are, therefore, entitled to get the procedural safeguards contemplated under the said Act. That being the legal position, the respondent authorities are not supposed to take any coercive action against the petitioners without following the due process of law.
7. In such circumstances, we direct the respondent authorities to strictly adhere to the procedure contemplated under law and till the conclusion of the proceedings, no coercive action shall be taken against the petitioners.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.6271 of 2017 is closed.
(H.G.R., ACJ.) (M.S., J.) 09.03.2017 Index : No Internet : Yes sasi To:
1 The Tahsildar Chengalpattu Taluk Kancheepuram District.
2 The Revenue Inspector Singaperumal Koil Sub Taluk Chengalpattu Taluk Kancheepuram District.
3 The Village Administrative Officer No.61 Singaperumal Koil No.62 Nenjiambakkam No.63 Thirutheri No.64 Parari Chengalpet Taluk Kancheepuram District.
HULUVADI G.RAMESH,ACJ.
AND M.SUNDAR,J.
(sasi) W.P.No.5860 of 2017 09.03.2017 http://www.judis.nic.in