Jega v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2016
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.6613, 6862, 7095 to 7101 of 2016 (9 Nos.) Jega .. Petitioner in W.P.6613/2016 Sakkubai .. Petitioner in W.P.6862/2016 B.Rajaram .. Petitioner in W.P.7095/2016 K.Vasu .. Petitioner in W.P.7096/2016 Prema Mary .. Petitioner in W.P.7097/2016 K.Murthy .. Petitioner in W.P.7098/2016 S.Pandirathinam .. Petitioner in W.P.7099/2016 R.Jones .. Petitioner in W.P.7100/2016 R.Subramani .. Petitioner in W.P.7101/2016 -vs1.The Government of Tamil Nadu, rep. by its Secretary, Revenue Department, Fort St. George, Chennai-600 009.
2.The District Collector, Tiruvallur District, Tiruvallur.
3.The Revenue Divisional Officer, Ambattur, Chennai.
4.The Tahsildar, Avadi Taluk, Avadi, 5.The Commissioner, Avadi Municipality, Avadi,
6.The Firka Revenue Inspector, 16, Thirumullaivoyal, .. Respondents in all WPs Writ Petition No.6613 of 2016 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records pertaining to the impugned notice issued by the 4th respondent, dated 04.02.2016 in respect of the house property of the petitioner, situated in Survey No.468, Thirumullaivoyal village, Avadi Taluk, Tiruvallur District and quash the same.
Writ Petition Nos.6862, 7095 to 7101 of 2016 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records pertaining to the impugned notice issued by the 4th respondent, dated 11.02.2016 in respect of the house property of the petitioners, situated in Survey No.468, Thirumullaivoyal village, Avadi Taluk, Tiruvallur District and quash the same.
For Petitioners : Mr.S.R.Rajagopal for M/s.P.S.Amalraj For Respondents : Mr.P.H.Arvind Pandian Addl. Advocate General assisted by Mr.STS.Moorthy Govt. Pleader & Mr.V.Shanmugasundar Govt. Advocate for R1 to R4 and R6 Mr.P.Srinivas for R5 COMMON ORDER The petitioners, who are encroachers admittedly have come forward with these writ petitions challenging the eviction notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2. The learned counsel appearing for the petitioners submitted that though a different stand was taken by the respondents on the nature of the land as Vandipattai (cart track), the eviction orders were passed on the premise as a water body. It is the further submission that no enquiry was conducted before passing the orders impugned. As rightly submitted by the learned Additional Advocate General, the question whether the land is classified as Vandipattai or water body is irrelevant as in any case by the own admission of the
learned counsel for the petitioners it is the Government land. Admittedly, the eviction notice issued under Section 6 of the Act was preceded by the notice under Section 7 as mandated under the Act. There need not be an exhaustive enquiry while passing the orders impugned since the object is to put the petitioners on notice before eviction particularly in the absence of any dispute on the nature of the land being the one belonged to the Government. Furthermore, even as per the submissions made by the learned counsel for the petitioners, the encroached portions have been removed. Thus, for the foregoing reasons, we do not find any reason to interfere with the orders impugned.
3. Accordingly, the writ petitions stand dismissed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary, The Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.
2.The District Collector, Tiruvallur District, Tiruvallur.
3.The Revenue Divisional Officer, Ambattur, Chennai.
4.The Tahsildar, Avadi Taluk, Avadi, Tiruvallur District.
5.The Commissioner, Avadi Municipality, Avadi, Tiruvallur District.
6.The Firka Revenue Inspector, 16, Thirumullaivoyal, +1cc to Mr.P.Srinivas, Advocate Sr.27935 [31/05/2016] W.P.Nos.6613, 6862, 7095 to 7101 of 2016 sv[co] srg 19/05/2016