Petitioner challenged interference with his patta land due to alleged encroachment by third parties. The petition was dismissed for lack of materials in the affidavit detailing the encroachment or evidence of representation sent to authorities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2018
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
W.P.No.11832 of 2018 and W.M.P.No.13812 of 2018
A.V.Dhanapalan ... Petitioner Vs. 1.The State of Tamil Nadu rep by its Principal Secretary to Government Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai – 600 009. 2.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai – 600 005. 3.The District Collector, Thiruvarur District, Thiruvarur. 4.The Commissioner, Mannargudi Municipality, Mannargudi, Thiruvarur District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus forbearing the respondents from interfering with the possession and enjoyment of patta land belong to the petitioner in S.Nos.4128/1, 4133/1, 4134/1, 4138, Kopralayam Village, Mannargudi Taluk, except by due process of law, apart from restoring 20 feet Municipal Channel connecting CMP Channel and Summer Storage Tank at Kopralayam area, Mannargudi Taluk, Thiruvarur District.
For Petitioner :Mr.G.Sankaran For Respondents :Mr.S.N.Parthasarathi, Government Advocate
O R D E R
The contention of the petitioner herein is that some third parties, at the instance of the adjoining land owners, had obliterated the Municipal Channel and also encroached upon https://hcservices.ecourts.gov.in/hcservices/ his land, uprooting live trees in his field. When he gave
representation to the District Collector as well as Commissioner, Mannargudi Municipality on 09.04.2018 for taking necessary action against the persons, who have encroached upon the Municipal Channel as well as his land, no action has been taken against them. Therefore, seeks mandamus forbearing the respondents from interfering with the possession and enjoyment of the patta land, which stands in the name of the petitioner herein, except by due process of law.
2.The petitioner, though claims that the alleged encroachment by some third parties is upon the public land as well as his private land, strangely, no information about the persons, who have done the encroachment is disclosed. Further, though it is contended by the learned counsel that the third parties have encroached upon the land and the public land at the instance of the Municipal authorities, no piece of document is placed before this Court that Municipal Authorities have permitted those third parties to obliterate the Channel and lay road.
3.The learned Government Advocate, who represents the respondents herein, would submit that in the affidavit as well as in the typed set of papers, the petitioner claims that he has given representation to the authorities on 09.04.2018, but there is no evidence to show that such representation was sent by the petitioner or received by the respondents.
4.When the materials placed in the affidavit is bereft of details, this Court need not consider this petition, but only could direct the petitioner herein to make proper representation.
5.For the above said reason, this Court is not inclined to entertain this Writ Petition. Hence, the Writ Petition is dismissed. However, it is open to the petitioner to make detailed representation to the authorities concerned to protect his property or approach the Court, if the authorities fail to protect his property. No costs. Consequently, the connected miscellaneous petition is closed.
Sub Assistant Registrar
va
To
1.The Principal Secretary to Government
State of Tamil Nadu
Municipal Administration and Water Supply Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Commissioner of Municipal Administration,
Ezhilagam, Chepauk, Chennai – 600 005.
3.The District Collector,
Thiruvarur District, Thiruvarur.
4.The Commissioner,
Mannargudi Municipality,
Mannargudi, Thiruvarur District.
+ 1 cc to Mr. Government Pleader Sr.33173
+ 1 cc to Mr. G.Sankaran, Advocate Sr.33105
W.P.No.11832 of 2018 and
W.M.P.No.13812 of 2018
RV(CO)
EU(08/05/2018 )
1 issue framed by the court
Whether the writ petition seeking mandamus against interference with patta land can be entertained without detailed evidence of encroachment or representation to authorities.
A.V.Dhanapalan
The State of Tamil Nadu
The Commissioner of Municipal Administration
The District Collector
The Commissioner, Mannargudi Municipality
G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
