Encroachment affidavit

IN THE HIGH COURT OFJUDICATURE AT CHENNAI
(Special Original Jurisdiction)
W.P. No: 7289 of 2020
Mr.R.Krishnan
S/o Rajarathinam
No:2/1, Perumal Koil Street,
Umayalparnancheri Village,
Sriperumbudur Taluk,
Kancheepuram District 601 301 – Petitioner
Vs.

  1. The District Collector
    Office of the Collectorate
    Kancheepuram District.
  2. The Tahsildahar
    Sriperumbudur Taluk,
    Sriperumbudur,
    Kancheepuram District – Respondents
    AFFIDAVIT OF R.KRISHNAN
    I R.Krishnan S/o Rajarathinam, Hindu, aged about 65 years, residing at No:2/1 Perumal Koil Street, Umayalparanancheri Village, Sriperumbudur Taluk, Kancheepuram District 601 301, temporarily come down to Chennai do hereby solemnly affirm and sincerely state as follows:
  3. I submit that, I am the petitioner herein as such I am well aware and acquainted with the facts of the case.
  4. I submit that, I am a daily coolie eking out my livelihood by doing odd jobs as and when available and maintaining my family. For more than 20 years I am residing at S.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District by putting up a small structure. The said land is classified as “Meikkal” as per the revenue records. The entire land in S.No:422 classified as “Meikkal” is to an extent of about 15 acres. Out of which I am in occupation of only 5 cents of land and 2 other similar persons are also in occupation of about 5 cents of land each. We have put up a small structure and are living there for more than 20 years. Other than the said small roof above our head we do not have any place and with great difficulty eking out our livelihood by doing coolie works.
  5. I submit that, since I am in long occupation of the said land, I was assessed with property tax from 2000 and have been paying the same as demanded by the Panchayat. I have also obtained electricity connection and have been paying the charges to the authorities regularly. I submit that Aadhar Card and Voter’s identity card in my name and my family members name stand in the said address. I have been peacefully living in the small structure along with family leading a truthful and god fearing life with a small income earned by me by doing coolie work.
  6. I submit that, Since the respondents have issued pattas to those persons occupying lands in S.No:420 classified as Arassu Thoppu owing to their long occupation, I along with my wife Suseela made representations for grant of free patta which have been accepted and acknowledged by the authorities concerned and have also recorded our statement to that effect for grant of patta. The said statement was recorded around 11/10/2019 and the respondents assured that, patta would be granted to me since my occupation is in unobjectionable land and that I have been in long possession and have no other place. I was eagerly waiting for grant of free patta and was persistently taking all efforts for the same.
  7. I submit that, while being so, to my shock and surprise the revenue authorities had issued notice u/s 7 of The T.N. Encroachement Act dated 19.03.2019 on 25.04.2019 and another notice u/s 6 of the T.N. Encorachment Act dated 23.04.2019 on 25.04.2019 only. When I questioned the 2nd respondent, he informed me orally that it was a formality and that my name would be considered for grant of patta. Since even after laps of months the respondents had not taken steps for grant of patta and were threatening me of dispossessing me pursuant to the notices under Section 7 & 6 of the Encroachment Act, I was advised to file an appeal before the 1st respondent u/s 10 of the Encroachment Act. Accordingly I filed an appeal on 07.01.2020 before the 1st respondent against the notices issued under section 7 & 6 of the Encroachment Act. The 1st respondent also taking the appeal on file has now requested me to appear for personal hearing on the 17th of March 2020.
  8. I submit that, while being so, the 2nd respondent through its officials had on 12.03.2010 orally informed me to vacate the premises since they were going to demolish the same pursuant to the orders of the Honourabel High court. I had informed them of the pending appeal and also pleaded with them since the same is my only place of living and while persons in occupation in s.No:420 are granted patta why I am being single out. The respondents failed to heed to my request.
  9. I submit that, on verification I came to know that, one Mr.P.janakiraman and S.Balaraman had filed writ petition in W.P. No:14466 of 2014 before this Honourable court against the authorities and 5 other individuals, to which I am not a party. The said writ petition was filed to evict the persons (respondents 5 to 9 therein) who are in occupation of lands and the said writ petition was only for the purpose of upgrading Government High School to Higher Secondary School and for the purpose of up gradation the lands in and around the same would be required. The said writ petition was disposed by this Honourable court on 05.11.2015. This Honourable court while disposing the said writ petition had categorically directed the authorities to remove the encroachment made by respondents 5 to 9 therein and had not stated anything about the other people in occupation. Assuming without accepting that, all encroachments should be removed, the Honourable High Court while disposing the said writ petition had categorically held that one more opportunity should be granted before the final decision is taken in order for the encroachers to put forward their case.
  10. I submit that, the subject matter of school is in Survey No: 400 which is to an extent of 89 cents. Surrounding the said survey number 400, lands in S.Nos: 411 & 418 to an extent which would be more than 2 acres. The land which is in my occupation is far away from land where the school is situated. On further verification I found out that, contempt petition was filed pursuant to the orders of this Honourable court in Contempt No:2006 of 2018. This Honorable court by its order dated 25.02.2020 in Contempt Petition 2006 of 2018 had directed the 1st respondent to file an affidavit answering
    (i) The time limit for identification of the land for locating the Government School
    (ii) In respect of accommodation of encroachers of the lands classified as “Meikal Poromboke, the availability of the alternate lands, action/follow –up action to identify the unauthorized/deviated constructions put up by the encroachers, whose encroachments have been regularized.
  11. I submit that, the respondents herein even without considering the fact that the appeal filed by me u/s 10 of the Encroachment Act before the 1st respondent is posted on 17th for personal hearing, are now threatening me of eviction based on the orders of this Honourable court passed in Contempt Petition.
  12. I submit that, I am a poor coolie aged about 65 years, living in S.No:422 with my wife by putting up a small structure to an extent of 5 cents. I have been living there for more than 20 years and I have no other place. While the respondents had granted patta to persons in S.No:420, denying me of the same for reasons best known is nothing but striking at the root of my very survival. Moreover I am in occupation of land, which is not an objectionable land and there is no Government Building or monument and is no way connected to any water catchment area. The said land is used for grazing cattle and till date there are ample place to graze cattle. The respondents are taking arbitrary stand in grant of free patta for reasons best known to them. Poor helpless people like me are not considered for patta only influential persons are granted patta. My representation for granting patta is still pending, unless this Honorable court directs the respondents to consider my genuine reason for grant of patta great hardship and prejudice will be caused and I at the age of 65 years will become homeless and helpless. Hence this writ petition before this Honourable court.
    GROUNDS
    (i) THAT the petitioner is in occupation of land to an extent of about 5 cents in S.No:422 classified as Meikal Poromboke for more than 20 years by putting up a small structure
    (ii) THAT the petitioner and his wife had submitted applications for grant of free patta and also had given statements before the authorities regarding their source of income and other details
    (iii) THAT the petitioner’s appeal u/s 10 of the Encroachment Act is pending before the 1st respondent wherein the petitioner is summoned to appear on 17th of March 2020
    (iv) THAT similarly persons in occupationin S.No:420 have been granted free patta regularizing their possession
    (v) THAT the present eviction is pursuant to the orders passed by this Honourable court in W.P No: 14466 of 2014 dated 05.11.2015 in which the petitioner is not at all a party
    (vi) THAT the above said writ petition is filed only for allotting land to the Government School and upgradation of the same from High School to Higher Secondary School.
    (vii) THAT the said school is no where situated near the survey number in which the petitioner is residing and the land in possession and occupation by the petitioner is far away from the school.
    (viii) THAT the orders passed in the Contempt Petition in 2006 of 2018 also no where directs the authorities to remove the encroachment
    (ix) THAT the land in possession of the petitioner is neither a water poromoboke or water catchment area or where Government Building or monument is situated. The said land is in non objectionable area.
    (x) THAT the petitioner may be considered for free patta as per G.O. Ms. No:318 (Revenue and Disaster Management Department) dated 30.08.2019.
    (xi) THAT the petitioner is a poor daily coolie of 65 years old with no roof of his own except the one he is in occupation. He has made several representations to the authorities for issuance of free patta but in vain.
  13. I submit that, this is the first petition filed by the petitioner with regard to the above subject matter and no other writ petitions are filed or pending before this Honourable court.
  14. I submit that, as stated earlier the respondents based on the orders passed by this Honourable court in W.P. No:14466 of 2014 and in Contempt petition No:2006/2018 are trying to forcefully evict me from land in S.No:422 while my appeal before the 1st respondent u/s 10 of the Encroachment Act is still pending. Unless this honourable court restrains the respondents from interfering with my peaceful possession and enjoyment of the land in S.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District classified as Meikal Poromoboke I will be put to irreparable loss and suffering which can never be compensated at all, I will be thrown out into streets. For the reasons stated above it is respectfully prayed that this Honourable court may be pleased to restrain the respondents their men and agents from interfering with the petitioner’s peaceful possession and enjoyment of 5 cents of land in S.No: 422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District, classified as Meikkal Poromboke Land till the disposal of the writ petition and thus render justice. For the reasons stated above it is respectfully prayed that this Honourable court may be pleased to issue a writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of the writ forbearing the respondents their men and agents and persons claiming through them from interfering with the petitioner’s peaceful possession and enjoyment of 5 cents of land in s.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District by either evicting them or otherwise and consequentially directing the respondents to consider and issue patta for the 5 cents of land in s.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District based on the petitioner’s representation dated 10.05.2018 pursuant to the G.O. Ms. No:318 (Revenue and Disaster Management Department) dated 30.08.2019 and thus render justice. Solemnly affirmed and sincerely
    stated at Chennai this the 14th
    day of March 2020 Before – me Advocate - Chennai Pg No:7 & last Paage
    No: of Corr: NIL

IN THE HIGH COURT OFJUDICATURE AT CHENNAI
(Special Original Jurisdiction)
W.P. No: of 2020
Mr.R.Krishnan
S/o Rajarathinam
No:2/1, Perumal Koil Street,
Umayalparnancheri Village,
Sriperumbudur Taluk,
Kancheepuram District 601 301 – Petitioner
Vs.

  1. The District Collector
    Office of the Collectorate
    Kancheepuram District.
  2. The Tahsildahar
    Sriperumbudur Taluk,
    Sriperumbudur,
    Kancheepuram District – Respondents

WRIT PETITION

 The address for service of all notices and process on the Petitioners is that of their Counsel M/s. J.RAVINDRAN, M.SNEHA &, M.A.VIMAL MOHAN,V.DINESH RAJA  having office at 299, Law Chambers, High Court Buildings, Chennai – 600 104. 
 The address for service of all notices and process on the respondent is as stated as above.
     For the reason stated in the accompanying affidavit, it is respectfully prayed that this Honourable court may be pleased to issue a writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of the writ forbearing the respondents their men and agents and persons claiming through them from interfering with the petitioner’s peaceful possession and enjoyment of  5 cents of land in s.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District by either evicting them or otherwise and consequentially directing the respondents to consider and issue patta for the 5 cents of land in s.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District based on the petitioner’s representation dated 10.05.2018 pursuant to the 

-2-
G.O. Ms. No:318 (Revenue and Disaster Management Department) dated 30.08.2019 and pass any further similar other orders as this Honourable court may deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai this the 14th day of March 2020

Counsel for the Petitioner

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For the reasons stated above it is respectfully prayed that this Honourable court may be pleased to issue a writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of the writ forbearing the respondents their men and agents and persons claiming through them from interfering with the petitioner’s peaceful possession and enjoyment of 5 cents of land in s.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District by either evicting them or otherwise and thus render justice.
Solemnly affirmed and sincerely
stated at Chennai this the 14th
day of March 2020 Before – me

                                Advocate  -   Chennai

Pg No:7 & last Paage
No: of Corr: NIL

IN THE HIGH COURT OFJUDICATURE AT CHENNAI
(Special Original Jurisdiction)
W.P. No: of 2020
Mr.R.Krishnan
S/o Rajarathinam
No:2/1, Perumal Koil Street,
Umayalparnancheri Village,
Sriperumbudur Taluk,
Kancheepuram District 601 301 – Petitioner
Vs.

  1. The District Collector
    Office of the Collectorate
    Kancheepuram District.
  2. The Tahsildahar
    Sriperumbudur Taluk,
    Sriperumbudur,
    Kancheepuram District – Respondents

WRIT PETITION

 The address for service of all notices and process on the Petitioners is that of their Counsel M/s. J.RAVINDRAN, M.SNEHA &, M.A.VIMAL MOHAN,V.DINESH RAJA  having office at 299, Law Chambers, High Court Buildings, Chennai – 600 104. 
 The address for service of all notices and process on the respondent is as stated as above.
     For the reason stated in the accompanying affidavit, it is respectfully prayed that this Honourable court may be pleased to issue a writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of the writ forbearing the respondents their men and agents and persons claiming through them from interfering with the petitioner’s peaceful possession and enjoyment of  5 cents of land in s.No:422 of Umayalpranancheri Village, Sriperumbudur Taluk, Kancheepuram District by either evicting them or otherwise and pass any further similar other orders as this Honourable court may deem fit and proper in the circumstances of the case and thus render justice. 

Dated at Chennai this the 14th day of March 2020

Counsel for the Petitioner

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