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Judgment
S. Nagamuthu, J.—Indisputably, the land comprised in Survey No. 30/2, for an extent of 1 Acre, in No. 74, Meenakshipuram III Bit,
Madurai North Taluk is a poramboke land. The Petitioner is in occupation of the same. Seeking to evict him under the provisions of the Tamil
Nadu Land Encroachment Act 1905, notice has been issued to the Petitioner. The Petitioner has also submitted his explanation for the same but no
order has been passed so far. In the mean time, the Petitioner has submitted a representation to the first Respondent on 28.11.2007 seeking grant
of patta in pursuance of G.O. Ms. No. 555, Revenue Department, dated 26.8.2005 and the same is still under consideration and so far, no order
has been passed.
In those circumstances, the Petitioner has come forward with this Writ Petition seeking to quash the eviction proceedings and also for a
Mandamus to consider the representation of the Petitioner for issuance of patta in pursuance of G.O. Ms. No. 555, Revenue Department, dated
26.8.2005.
However, learned Special Government pleader, on instructions, would submit that no such representation for issuance of the patta in terms of
G.O. Ms. No. 555, Revenue Department, dated 26.8.2005 has been given. It is also not the case of the Respondents that already any final order
has been passed in respect of eviction.
Having regard to the above factual position, we are of the view that it will be sufficient to direct the first Respondent to pass appropriate orders
if any such representation is made afresh within a period of 15 days from the date of receipt of copy of the order for issuance of patta strictly in
accordance with law in the light of G.O. Ms. No. 555, Revenue Department, dated 26.8.2005, within a period of six months from the date of such
representation. If no such representation is made within a period of 15 days from the date of receipt of the copy of the order, the Respondents
may proceed further to evict the Petitioner from the land. Until further orders are passed on the representation to be made by the Petitioner and
that too, if it is made within the given time, the Petitioner shall not be evicted. Accordingly, the Writ Petition is disposed of. Connected
Miscellaneous Petition is closed. No costs.