The Madurai Bench dismissed the writ petition challenging a notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, to remove encroachment on Government Poramboke land, finding the petitioner failed to prove ownership.
Writ Petition dismissed; no costs decided; connected Miscellaneous Petitions closed.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.[MD].No.17846 of 2018 and
W.M.P.(MD).Nos.15724 and 15725 of 2018
J.Rani
: Petitioner
Vs.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the fourth respondent dated 29.06.2018 and quash the same.
For petitioner : Mr.D.Selvanayagam For respondents : Mr.V.Anand Government Advocate
O R D E R
This Writ Petition has been filed challenging the impugned notice dated 29.06.2018 issued by the fourth respondent herein, calling upon the petitioner to remove the encroachment made by him in respect of the land in question within a period of fifteen days, as it is a Government Poramboke land. https://hcservices.ecourts.gov.in/hcservices/
2
3
Sd/Assistant Registrar(P&A)
/True Copy/
Sub Assistant Registrar(CS-I)
To
Devakottai, Sivagangai District.
+1cc to Mr.D.Selvanayagam, Advocate Sr.No.78575 +1cc to Spl.Government Pleader Sr.No.78243
NB
VB/KAK/SAR1/03.09.2018/3P/7C
ORDER MADE IN W.P.[MD].No.17846 of 2018 and W.M.P.(MD).Nos.15724 and 15725 of 2018 11.08.2018
2 issues framed by the court
Whether the writ petition challenging the notice to remove encroachment on Government Poramboke land could be allowed based on the petitioner's claim of possession.
Whether the petitioner had produced sufficient documentary evidence to prove ownership or recognized peaceful possession of the land.
1 provisions across 1 enactments
J.Rani
The District Collector, Sivagangai District
The Revenue Divisional Officer, Sivagangai
The Tahsildar, Devakottai Taluk
The Zonal Deputy Tahsildar, Devakottai
T.Raja
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
