[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the notice dated 16.11.2011 passed in Pa.Ve.A7/26/2011 by the respondent and quash the same, by way of issuing a writ of certiorarified mandamus.
2.It is averred in the petition that Survey No.61/7 in Kariapatti Village has been classified as natham, wherein the petitioner has constructed a house, but the respondent even without following due process of law has given the impugned notice dated 16.11.2011. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the writ petition.
4.The learned Additional Government Pleader appearing for the respondent has represented that Survey No.61/7 has been classified as pathai poromboke, wherein the petitioner has put up his house and under the said circumstances the impugned notice need not be quashed.
5.It is seen from the revenue records that Survey No.61/7 has been classified as pathai poromboke. But it is seen from the impugned notice that since the petitioner has encroached the land in question, he has to vacate the same within a period of three days.
6.It is true that the impugned notice is not in consonance with the existing provision of law. Since the impugned notice has not been given in accordance with law, the same is liable to be quashed. However the following liberty can be given to the respondent.
7.In fine, this writ petition is allowed without costs and the impugned notice dated 16.11.2011 passed in Pa.Ve.A7/26/2011 by the respondent is quashed. However the respondent is directed to take appropriate eviction proceedings as per existing provision of law within a period of two months. Consequently, connected Miscellaneous Petitions are closed.
To The Tahsildar, Kariapatty Taluk, Virudhunagar District..