Madras high court sets aside tahsildar's notice on vacating property

CHENNAI: The Madras high court has set aside the notice issued by the tahsildar, Mambalam-Guindy taluk, asking some persons to vacate from properties situated in Alandur.

Passing orders on a batch of petitions from Thiruvalar Samdhis Qalandariya Trust represented by A. Ashlam Basha and others, a division bench comprising Justices M. Sathyanarayan and P. Rajamanickam set aside the notice issued by the tahsildar under section 6 of the Tamil Nadu Land Encroachment Act.

However, granting liberty to the tahsildar to issue notice under section 7 of the Act to the petitioners within 2 weeks, the bench said petitioners are at liberty to submit their representations with relevant and authenticated documents within 3 weeks thereafter and upon receipt of the same, the Tahsildar is at liberty to proceed further in respect of TNLE Act in accordance with law and communicate the decision to the petitioners as expeditiously as possible. Till such time, the tahsildar shall defer further decision as to the dispossession of the petitioners from the site in question, the bench added.

According to K. Suthan, counsel for Ashlam Basha, the petitioner was in possession of the property measuring 267 sq.ft for several years. While so, the Kings Institute of Preventive Medicine and Research, has allegedly managed to somehow get an “A” register in which its name was entered and by way of which they claim ownership over the said property. 

Since the Institute claimed title over the petitioner’s property, the petitioner sent a representation to the authorities and it was pending. While so, the Tahsildar suddenly passed an order under section 6 of the TNLE Act directing the petitioner to vacate from the property. The reason cited in the said order for eviction was that the subject property belongs to the Kings Institute, Suthan added.