Encroachment of Passage

Abdul Latheef (Querist) 09 October 2010 This query is : Resolved
Respected Lawyers,

My aunt has a piece of land in her village; The same village is governed by Town Panchayat. The land is classified as punja and has no passage since the entry part of the land has three small encroachments of huts. The encroachments were made on Poramboke land and partially in my aunts place too. Further they are living in the huts for more than 30 years. Being the same is classified under road poramboke the encroachers have not given Patta as per the Tamil Nadu Govt. Order.

We have no access from any angle to get into the land. So we sent a letter from through our advocate on 1/8/2010 to The Exec. Officer, Town Panchayat/The President, Town Panchayat/The Tahsildhar/The District Collector stating that we have no access from any angle to get into the land and also the encroacher are causing nuisance to adjacent school going girl students in the view of getting directions from Honorable High Court.

We have received a reply on 04/10/2010 that encroacher who live there doesn't create any nuisance further there is no hindrance to the complainant. Also whenever the same poromboke land requires to panchayat, they will vacate the same with the help of revenue and police officials.

The reply from the EO is totally false ie., not even a single foot of passage access is available. The only reason behind those statements is the encroachers are close relative of President and they have rented the huts and causing nuisance to us.

How to prove the false statement of EO legally?
Who is the competent authority to certify that there is no passage access ?
How to get the encroacher evicted?
Please guide us on the same.

Regards,

Abdul Latheef.

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