IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2007 CORAM THE HONOURABLE MR. JUSTICE P. SATHASIVAM and THE HONOURABLE MR. JUSTICE N.PAUL VASANTHAKUMAR WRIT APPEAL Nos.959 & 960 of 2005 P.N. Nageshwari ..Appellant in W.A.959/2005 R. Shanthi ..Appellant in W.A.960/2005 .vs. 1. The Collector of Chennai Singaravelar Maligai Chennai. 2. The Tahsildar Purasawalkam, Perambur Taluk Chennai 600 011. 3. Malar Colony Flat Owners Welfare Association rep. by its Secretary B. Asokan @ Rajadesingu. ..Respondents both the WAs.
Writ Appeals filed under Clause 15 of the Letters of Patent against the common order of the learned Judge Mr.K.P. Sivasubramaniam dated 31.03.2005 made in W.P.Nos.10644 and 10745 of 2005.
For appellants : Mr. Samir S. Shah for M/s. Shah & Shah
For respondents : Mr. K. Elango, Spl.Govt. Pleader for R.1 & R.2
Mr. R. Karunagaran for R.3
COMMON JUDGMENT
(Judgement of the Court was delivered by P. SATHASIVAM,J.)
The above writ appeals are directed against the common order of the learned single Judge dated 31.03.2005 made in W.P.Nos.10644 and 10745 of 2005.
2. Hard the learned counsel for the appellants as well as respondents.
3. It is relevant to point out that in W.P.No.38147 of 2003, which was filed by Malar Colony Flat Owners Welfare Association (third respondent herein), after hearing all the parties, on 06.12.2004, the learned single Judge (K.P. Sivasubramaniam,J.) issued the following directions.
” (i) the Collector of Madras is directed to carry out the process of eviction of the unauthorised occupants from the area concerned forthwith within a period of three months from the date of receipt of a copy of this order by complying with the provisions under the Land Encroachment Act, 1905 in a proper manner.
(ii) Thereafter, the fourth respondent is also directed to take steps for conveyance of the land in favour of the Tamil Nadu Housing Board within a period of one month thereafter.
(iii) On the compliance of the above said directions, the Tamil Nadu Housing Board shall alienate the proportionate land to allottees within a period of one month thereafter. ”
4. When the writ petitions (W.P.Nos.10644 and 10745 of 2005) filed by the present appellants came up before the very same learned Judge, by applying his earlier order dated 06.12.2004 made in W.P.No.38147 of 2003, the learned Judge disposed of the writ petitions filed by the appellants herein on the same terms. Not satisfied with the said order, the petitioners have preferred the present writ appeals.
5. The learned counsel for the appellants contended that the land in question, which is under their possession is not a Government land and the respondents are not entitled to take action against them. We are unable to accept the said contention at this juncture. It is made clear that if the said land is Government land (poromboke land), as observed by the learned Judge, the respondents have to follow the provisions under the Land Encroachment Act, 1905. If the petitioners claim that the land belongs to them, it is for them to establish the same in the manner known to law.
With the above observation, the writ appeals re closed. No costs.
kh
To
1. The Collector of Chennai
Singaravelar Maligai
Chennai.
2. The Tahsildar
Purasawalkam,
Perambur Taluk
Chennai 600 011.
[PRV/9209]