High Court dismissed a writ petition where a rank trespasser seeking patta and construction permission on illegally encroached Government land. The court held no right exists after illegal encroachment.
Writ petition dismissing the prayer to issue patta and permit construction on illegally encroached government land.
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 : 09.09.2019
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Writ Petition No.26431 of 2019
and
W.M.P.No.25790 of 2019
P.Arumugam .. Petitioner
/versus/
1.The District Collector,
Tiruvannamalai.
2.District Revenue Officer,
Tiruvannamalai.
3.Revenue Divisional Officer,
Tiruvannamalai.
4.The Tahsildar,
Tiruvannamalai.
5.G.Vengatesan
6.G.Manikandan .. Respondents
Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 01.06.2018 for issurance of patta and to permit him to put up hut structure in the piece of land occupied by him in S.No.193/1 of No.169, Kolathur Village, Keela Pennathur Taluk, Tiruvannamalai District.
For Petitioner :Mr.B.Janakiram For Respondents :Mr.D.Raja, AGP for R1 to R4
O R D E R
By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.
3.The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 01.06.2018 for issurance of patta and to permit him to put up hut structure in the piece of land occupied by him in S.No.193/1 of No.169, Kolathur Village, Keela Pennathur Taluk, Tiruvannamalai District.
4.The petitioner, who is a rank trespasser into the Government land, based on the tax receipts issued in 2013 seeks patta. The petitioner cannot claim right over the Government land after encroached it illegally. Hence, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ari To:
1.The District Collector,Tiruvannamalai.
2.District Revenue Officer,Tiruvannamalai.
3.Revenue Divisional Officer,Tiruvannamalai.
4.The Tahsildar,Tiruvannamalai.
+1 cc to Government Pleader Sr.No. 78112
W.P.No.26431 of 2019 and W.M.P.No.25790 of 2019
A.SK(25/09/2019)
1 issue framed by the court
Whether a rank trespasser into Government land can claim issuance of patta and permission to construct a hut structure on illegally encroached land.
1 provisions across 1 enactments
P.Arumugam
The District Collector, Tiruvannamalai
District Revenue Officer, Tiruvannamalai
Revenue Divisional Officer, Tiruvannamalai
The Tahsildar, Tiruvannamalai
G.Vengatesan
DR.JUSTICE G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
