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2012 DIGILAW 2010 (MAD)

P. Ganesan v. State Of Tamil Nadu Rep. By Its Secretary To Govt. Revenue Department

2012-04-20

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioners have approached this Court for issuance of a writ in the nature of Certiorari, to quash the notice dated 30.12.2011 passed by the Tahsildar, inviting objections against the proposed eviction of the petitioners. 2. It is pleaded, that the land in dispute was assigned by the State Government to Oottamalai Ottapatti Land Colony Co-operative Society, which has been ordered to be wound up in the year 1996. 3. Before winding up of the Society, the petitioners, being members of the society, were issued patta for the land, by transferring ownership. 4. On consideration, I find that the impugned notice on the face of it is without jurisdiction. Even if for the sake of argument, it is taken that on winding up of the society, the land stood reverted back to the Government, in that event, the persons in possession of the property can only be evicted by following due process of law, i.e. by following the procedure laid down under the Tamil Nadu Land Encroachment Act, 1905, or law relating to eviction of unauthorized occupants. 5. If any such procedure is invoked, then the petitioners will have a right to challenge the proceedings in accordance with law, by claiming to be absolute owners of the property in pursuance to the patta granted in their favour. 6. On winding up of the Co-operative Society, it is assets of the Society alone, which can be taken over to meet the liabilities of the Society, not land of its members. 7. The Tahsildar has no jurisdiction to issue show cause notice to evict petitioners from the property in their lawful possession or illegal possession. 8. The impugned notice has not been shown to have been issued in exercise of powers under any Act or Rules, therefore, cannot be sustained. 9. As observed above, in case the State Government has any right in the land, the proceedings can be taken under law for eviction of persons in possession / unauthorized possession. 10. For the reasons stated, this writ petition is allowed. The impugned notice dated 30.12.2011 is quashed. However, this shall not bar the competent authority to proceed under the provisions of law of eviction, if so permissible. 11. Connected miscellaneous petitions are closed. No cost.