The court dismissed the writ petition seeking removal of encroachment on government land. It held that an existing civil suit determines the rights more conveniently and disposed of the petition with liberty to implead another officer.
Liberty to implead Block Development Officer in pending civil suit to decide rights; no order on costs.
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: 12.09.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.25249 of 2019
K.C.Raja .. Petitioner Vs. 1.The Secretary to Government of Tamil Nadu Department of Revenue and Administration St. George Fort, Chennai-9.
2.The District Collector Krishnagiri District Krishnagiri.
3.The Thasildar Krishnagiri Taluk Office Krishnagiri.
4.P.Palani .. Respondents
Prayer:Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove encroachments and structure (illegal and un-authorised construction) put-up on the Government land under classification of Government Oodai Poromboke in Survey No.52/1 and also Survey No.43/2 Government Poromboke land in Mittahalli village, Krishnagiri Taluk, Krishnagiri District.
For Petitioner : Dr.G.Babu For R1 to R3 : Mr.V.Jayaprakash Narayanan Government Pleader For R4 : Mr.E.Kannadasan
O R D E R
(Delivered by DR.VINEET KOTHARI,J)
The petitioner filed the present writ petition with the following prayer:
“for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove encroachments and structure (illegal and un-authorised construction) put-up on the Government land under classification of Government Oodai Poromboke in Survey No.52/1 and also Survey No.43/2 Government Poromboke land in Mittahalli village, Krishnagiri Taluk, Krishnagiri District.”
“8. With regard to the averments made in para-3 of the affidavit, it is submitted that the 4th respondent has encroached some extent of land in S.No.43/2 of the Mittahalli Village. The land S.No.43/2 has been classified as Odai in the Government records. The said encroachment of the 4th respondent in 43/2 has been evicted long back. At present there are no encroachments in the land S.No.43/2 of Mittahalli Village.
9.With regard to the averments made in paras 4 to 11 of the affidavit, it is submitted that the 4th respondent has encroached an extent of 0.02 cent of land in S.No.52/1 of Mittahalli village and constructed a residential terraced house and residing there from the past 2 years. The land S.No.52/1 of Mittahalli Village has been classified as “Odai” in the Government records. The petitioner's residential house lies just adjacent to the encroached portion of house of the 4th respondent. There is path dispute in between the petitioner and the 4th respondent from the past 2 years. There is sufficient pathway is available to house of the petitioner. There is enmity in between the petitioner and the 4th respondent from past 2 years.”
1 issue framed by the court
Whether the writ petition for removal of encroachment on government land can be decided immediately or requires adjudication by civil court first.
K.C.Raja
Secretary to Government of Tamil Nadu Department of Revenue and Administration
District Collector Krishnagiri
Thasildar Krishnagiri
P.Palani
VINEET KOTHARI
C. SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
