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T.R.RAVINDRAN (Telecommn Services)     10 January 2012

Eviction by civil or criminal procedure

 

Hello Sir

My agri.land @ Tamilnadu is let out for annual rent of ten bags of paddy or equal worth of money.There is no written agreement between us.Land was in his possession when it was under litigation and it came to our hold by court decree order. As per the decree order the tenant would have to enter into an agreement but it was not done. So on oral understanding the land was let out as stated above. For two years he paid rent as paddy. Afterwards he stopped doing cultivation and stopped paying rent. For 2004 & 2005 two years rent paid by him. Afterwards till date no rent from him.Then I issued a notice to handover land personal use as there is no revenue from him in May 2010.To my great shock I came to know that he had converted our land into layout without our consent along with his own land showing public road from our area also and obtain order for regularization  from the local corporation. The act he has committed is a criminal offence or civil nature?. Is it land grabbing or Breach of trust?Complaint given(11/07/11) to police turned down stating that it is not a case for land grabbing and no threat for life though he is threatening us not to enter into the land. But advised us to take the possession with the help of surveyor. Though he had handed over the land as a layout to corporation, He had given statement to police authority that he is  doing cultivation in our portion of land now and saying that he will leave land if some portion of land is given to him as tenancy compensation and also ready to pay arrears of rent whatever we say(i.e out of 2.50Acre area in 50 cents of land alone he is doing cultivation since few months)Taking possession after measuring our area will be a right way or I have to file suit for eviction&injection? Also is it right to do cultivation after forming layout duly taking approval?

Regards

Ravi



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 2 Replies

o sivasailanathan (advocate)     10 January 2012

i am not surprised about this it is too bad in tamilnadu....

the corporation authorities should  be suspended ...

any how .. one who not paid rent  he may be sued for arrears of rent..

then he turned your property as housing plots then immedietly it is land grabbing because he must made some fabricating documents without that layout not possible... police knows only survey in tamilnadu...

you must approach the court for 156(3) direction subsequent to send complaint to sp by registered post...

and also you may get the possession out of filing a case for eviction before RDO court...

make all attempt to succeed  

T.R.RAVINDRAN (Telecommn Services)     17 January 2012

Dear Siva,

In my case, the counter petitioner had not revealed to the Police authority at the time of enquiry that the layout had gone to the approval stage of corporation.He had created an impression that it was only unapproved layout. At this stage  Is it better to insist the the police authority to reinvestigate the complaint according to the latest development I hope.Or shall I approach High Court for direction to enquire into the compalint?Secondly shall I go for an injunction so that counter petitioner entry can be avoided.Filing suit for eviction will prolong the case I hope.Is it possible to approach court for only Injunction order?

Regards

Ravi


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