The High Court of Madras issued a writ of mandamus directing the State and Panchayat officials to demolish an unauthorised hut on vacant land to restore ingress-egress rights, noting petitioner's Sale Deed and prior grant usage.
1st respondent to direct demolition of unauthorised construction within eight weeks; no costs.
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W.P.No.25369 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU and THE HON'BLE MRS. JUSTICE N.MALA
W.P.No.25369 of 2023
A.Mohanraj ... Petitioner
Vs.
2.The Inspector of Panchayats and the District Collector, Kanchipuram District, Kanchipuram - 631 501.
3.The Block Development Officer, Village Panchayat, Walajabad Panchayat Union, Walajabad, Kanchipuram District - 631 605.
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W.P.No.25369 of 2023
5.N.Dayalan
6.D.Anjalidevi ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 05.06.2023 and demolish unlawful construction made in natham vacant land comprised in Survey No.247/17 at Thennery Village, Walajabad Taluk, Kanchipuram District under Rule 34 of the Tamil Nadu Panchayats Building Rules, 1997.
For Petitioner : Mr.Kanchi GV.Mathiazhagan For Respondents : Mr.T.Sampath Kumar for R1 to R3 Government Advocate Mr.E.Vijay Anand for R4 Mr.C.D.Johnson for R5 and R6
O R D E R
(Order of the Court was made by J.NISHA BANU, J.,)
This Writ Petition has been filed to direct the 1st respondent to consider the petitioner's representation dated 05.06.2023 and demolish unlawful construction made in natham vacant land comprised in Survey No.247/17 at Thennery Village, Walajabad Taluk, Kanchipuram District under Rule 34 of the Tamil Nadu Panchayats Building Rules, 1997.
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W.P.No.25369 of 2023
Natham Scheme, the Tahsildar had granted Natham patta as Manaivari Patta No:108, in favour of one Nagammal w/o Varatharaj on 10.04.1995 in respect of the house site situated at Kanchipuram District, Walajabad Taluk, thenneri Village, Malligapuram comprised in Survey No.247/19 to the extent of 181 Sq.m. After granting the patta, the said Nagammal constructed a house thereon and used the front eastern side Natham vacant land comprised in Survey No.247/17 from the date of granting patta, to approach her house from street. There is no other way to access the house from any kind of directions except the said Natham vacant land.
(ii). The petitioner purchased the said property on 04.09.2013 from the legal heirs of the said Nagammal under the registered Sale Deed Document No.6417 of 2013 and continued to use the said Natham vacant land to approach his house from the street and the 4th respondent has granted approval to construct a new house building. While so, the 5th and 6th respondents herein obstructed the right of ingress and egress over the Natham vacant land comprised in Survey No.247/17 and there is no other way for his house.
(iii). Therefore, the petitioner made a representation to the 1st
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W.P.No.25369 of 2023
respondent on 05.06.2023 to demolish the unlawfully constructed hut from the natham vacant land comprised in Survey No.247/17, but the same has not been considered till date. Hence, the present writ petition.
No.1 to 4 are directed to take enforcement action to demolish the unlawful
construction against the building in question by following due process of law. The said exercise shall be done by the respondents No.1 to 4 within a period of eight(8) weeks from the date of receipt of a copy of this order.
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W.P.No.25369 of 2023
(J.N.B., J.) (N.M., J.) 13.10.2023
msv Index : Yes/No Speaking order/Non-speaking order To: 1. The Secretary to Government, The State of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009.
2.The Inspector of Panchayats and the District Collector, Kanchipuram District, Kanchipuram - 631 501.
3.The Block Development Officer, Village Panchayat, Walajabad Panchayat Union, Walajabad, Kanchipuram District - 631 605.
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W.P.No.25369 of 2023
J.NISHA BANU, J., and N.MALA, J., msv
Order made in W.P.No.25369 of 2023
Dated: 13.10.2023
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1 issue framed by the court
Whether the 1st respondent must demolish unlawful construction on Natham vacant land under Rule 34 of Tamil Nadu Panchayats Building Rules.
2 provisions across 2 enactments
A.Mohanraj
The State of Tamil Nadu
J.NISHA BANU
N.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
