Udvaithaa Saai v. VS Revenue Division Officer, Chengalpattu Division
2016-06-09
M.SATHYANARAYANAN
body2016
DigiLaw.ai
ORDER : 1. By consent, the writ petitions are taken up for final disposal. 2. The mother of the deponent and grandmother of the petitioners, namely, Mangalagowri, purchased 0.83 acres, in Survey No.144/7, Nallathur Village, Thirukazhukundram District, from (i) N.N.Sundaramurthy Mudaliar and (ii) M.R.Susila Ammal, vide registered sale deed, dated 02.02.2004, Document No.2719 of 2004, Book-I, registered at the office of the Sub-Registrar, Thirukazhukundram and was in possession and enjoyment of the same and out of love and affection, she settled an extent of 0.50 acres out of 0.83 acres, in favour of the petitioners. After the said settlement, the petitioners continues to be in possession and enjoyment of the land. The apprehension expressed by the petitioners is that during the first week of March 2016, the officials attached to the office of the respondents, had visited the land and informed Mangalagowri, wife of C.K.Manoharan that the said land is intended to be allotted by the respondents in favour of persons who were encroachers of some of the tank bunds and in this regard Mangalagowri submitted a representation dated 4.3.2016 to the respondents and though the said representation is yet to be disposed of, attempts are being made to dispossess the petitioners from the land in question and therefore, came forward to file these writ petitions. 3. When the matter was listed on 11.03.2016, the learned Additional Government Pleader accepted notice and prayed for time to file counter and this Court granted an interim order of status-quo and the said interim order has been extended on number of times. 4. The learned counsel for the petitioners would submit that even assuming without admitting that the land in question sought to be allotted in favour of some other persons or the predecessors in title to be treated as encroachers, still the concerned persons should be put on notice and without recourse to due process of law, the respondents, in a high handed manner trying to dispossess the petitioners and prays for appropriate orders. 5. Per contra, the learned Additional Government Pleader has drawn the attention of this Court to the counter affidavit and would submit that the land ad-measuring 0.39.5 hectares of land in Survey No.144/7 is classified as Government Poramboku (Village site) and after corrections, an extent of 0.35.0 hectares in Survey No.144/12 has been noted as Co-operative Multipurpose Society and the remaining extent has been noted as Government Poramboku.
Since the petitioners are in occupation of the Government land, steps are being taken to evict them and also undertakes that the due process of law will be followed before doing so. 6. This Court, in the light of the above facts and circumstances, without going into the merits of the claim projected either by the petitioners or by the official respondents, directs the respondents 1 and 2 to consider and dispose of the representation dated 4.3.2016 submitted by Mangalagowri, on merits and in accordance with law, after providing an opportunity of personal hearing either to her or to her authorised representative and pass orders within a period of eight weeks from the date of receipt of a copy of this order and till then, shall maintain status-quo as existed on the date of passing the interim order, on 11.3.2016, in these writ petitions. 7. The writ petitions are disposed of accordingly. No costs. Connected miscellaneous petitions are closed.