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4. The Court has considered the submission of Ms.Lakshimi Gopinathan, the learned counsel appearing for the petitioner, Mr.A.Muthukaruppan, the learned Additional Government Pleader appearing for the District Collector and Mr.M.Kannan, the learned standing counsel appearing for the Rameshwaram Municipality and Mr.S.Subbiah, the learned counsel appearing for the 4th respondent and also perused the materials placed before it.

5. Mr.Kannan, the learned standing counsel appearing for the respondents Municipality had invited the attention of this Court to the affidavit filed in support of M.P.(MD)No.1 of 2009 and would submit that the Survey Nos.632 and 633 are classified as Cart Track Government Poramboke lands and as such, the said land is exclusively with the local body and this Court vide order, dated 02.01.2008 in W.P.No.10805 of 2007 had also directed the Collector of Ramnad District, Tahsildar of Rameswaram, to consider the representation of the 4th respondent. Accordingly, action has been taken to remove the encroachments and would further contend that the 4th respondent viz., Mr.Sigamani had also fled a civil Suit in O.S.No.6 of 2001 on the file of Court of Sub-Judge, Ramanathapuram against the Collector of Ramnad District and the Tahsildar, Rameswaram, praying for restraint order not to grant patta in respect of the suit property and also for removal of encroachments and an ex-party decree and Judgment came to be passed on 09.03.2001 that to evict the persons in Survey Nos.632 and 633 admeasuring to an extent of 255 feet East-West and North-South 29 feet and also not to grant patta. Though the Tahsildar Rameswaram, who was arrayed as second respondent, has filed an application for setting aside the ex-parte degree, which came tobe dismissed and therefore, they are also bound by the said decree and as such, notices have been issued in compliance of the said legal proceedings also. It is also contended that the petitioners are ranked encroachers and therefore, they sought to be dispossessed only by adopting due process of law and it cannot be found fault with and prays for dismissal of the petitions.

7. The Court paid its anxious consideration to the rival submissions and also perused the materials placed before it.

8. It is not in serious dispute that the 4th respondent has obtained a decree in O.S.No.6 of 2001, on the file of Sub Court, Ramanathapuram against the Collector of Ramanad District and Tahsildar Rameshwaram praying for the relief not to grant patta in respect of the Survey Nos.632 and 633, admeasuring to an extent of 255 feet East-West and North-South 29 feet and also removed the encroachments and the Suit came to be decreed ex-parte on 09.03.2001. The endeavour made by the Tahsildar, Rameswaram for setting aside the said ex-parte decree, has ended in rejection and that apart, the 4th respondent in the form of representation has also sought to implement the said Judgment and decree and this Court vide order dated 02.01.2008 in W.P.No.10805 of 2007, also directed the concerned respondents to pass orders on the representation submitted by the 4th respondent, in accordance with law, after putting the encroachers on Notice and accordingly, the impugned notices have been issued.

11. In sofar as the petitioners in W.P.(MD)No.7299 of 2009 are concerned, are are said to be in occupations of Survey Nos.632 and 633 of Rameswaram, had filed this Writ Petition, praying for a Writ of Mandamus, restraining the respondents 1 to 3 from evicting them and pass such further orders.

12. It is needless to say that in the event of the petitioners found in possession of the land in question as encroachers, the respondents can evict them only by resorting to due process of law.

13. In the result, both the Writ Petitions are dismissed subject to the above observations. Consequently, connected miscellaneous petitions are closed. No costs.

To

1.The District Collector, Ramnad District.

2.The Executive Officer, Rameswaram Municipality, Rameswaram

3.The Executive Officer, Rameswaram Municipality, Rameswaram

4. The Tahsildar, Rameswaram .