Petitioner sought writ to demolish a bus shelter illegally constructed by panchayat officials on his agricultural land. Court found supporting Gift Deed fabricated due to signature discrepancies and allowed demolition.
Direct first respondent to demolish the bus shelter and handover the vacant portion of the property to the petitioner within six weeks.
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W.P.No.4027 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN
W.P.No.4027 of 2021 and W.M.P. No.4599 of 2021
S.Shanmugham
... Petitioner
Vs.
1.The District Collector, O/o. Collectorate, Krishnagiri District.
5.Manimegalai
6.Ramesh ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to
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demolish the bus shelter constructed unauthorisedly and in illegal manner by the respondents 2 to 6 in the patta agricultural land of the petitioner under the guise of putting up a bus shelter in the agricultural land to an extent of 161 sq.ft. comprised in S.No.315/3B2 and to an extent of 387 sq.ft. in S.No.307/5 in altogether a total extent of 548 sq.ft. situated at Thattarahalli Village, Krishnagiri Taluk and District and handover the possession of land to the petitioner within a stipulated time.
For Petitioner : Mr.G.Ethirajalu For Respondents : Mr. S.Jayachandran Government Advocate for R1 to R4
ORDER
The writ petition has been filed, seeking a direction to the official
respondents to demolish the bus shelter constructed, unearthed in the petitioner's patta land to an extent of 161 sq.ft., comprised in S.No.315/3B2 and to an extent of 387 sq.ft. in S.No.307/5 and in altogether a total extent of 548 sq.ft., situated at Thattarahalli Village, Krishnagiri Taluk and District.
2.The petitioner is an agriculturist and the agricultural properties, comprised in S.Nos.315/5, 314/1C, 309/1B, 310/2, 307/5 and 315/32B, situated at Thattarahalli Village, Krishnagiri District and other properties are his ancestral properties. Subsequently, by a Partition Deed dated 17.03.2008
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registered vide Doc. No.714 of 2008, the properties were divided and under the said document, Schedule 'C' properties were allotted to the petitioner. Thereafter, the petitioner was also issued with patta bearing Nos.1364 and 1365. Since the respondents 5 and 6 are the District Chairman and President of the Panchayat, namely, respondents 3 and 4, due to political issue, in the year 2020, without any notice to the petitioner, respondents 5 and 6 have trespassed into the patta land of the petitioner, to an extent of 161 sq.ft. comprised in S.No.315/3B2 and 387 sq.ft. in S.No.307/5 and altogether total extent of 548 sq.ft. and constructed a bus shelter. Immediately after commencement of the work, the petitioner objected to the same. However, with the legal support, they have constructed the bus shelter in the patta land, owned by the petitioner. Therefore, the petitioner also sent a legal notice to the respondents 1 and 2 to stop the work. Since no action has been taken as against them to stop the work, the petitioner was constrained to file a suit in O.S. No.109 of 2020 on the file of the District Munsif Court, Krishnagiri. However, the said suit was dismissed as infructuous in view of the fact that entire construction was over. Therefore, the petitioner filed this writ petition seeking demolition of the bus shelter and to restore the patta land in his favour.
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situated at Thattarahalli Village, Krishnagiri Taluk. However, now the bus shelter is under usage by the general public. Since it is proved that the Gift Deed is a fabricated one, this Court is inclined to direct the first respondent to demolish the bus shelter and handover the vacant portion of the said property to the petitioner.
7.In view of the above, the first respondent is directed to demolish the bus shelter and handover the vacant portion of the said property to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
8.Accordingly, this writ petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed.
25.10.2024
Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab
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To
1.The District Collector, O/o. Collectorate, Krishnagiri District.
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G.K. ILANTHIRAIYAN. J.,
ab
W.P.No.4027 of 2021 and W.M.P. No.4599 of 2021
25.10.2024
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2 issues framed by the court
Whether the petitioner is entitled to an order of demolition of the bus shelter constructed on his patta agricultural land.
Whether the Gift Deed filed by the respondents to establish estoppel is valid and not fabricated.
1 provisions across 1 enactments
S.Shanmugham
The District Collector, O/o. Collectorate, Krishnagiri District
The Block Development Officer, O/o.Block Development Office, Kaveripattinam, Krishnagiri District
The District Chairman, Krishnagiri Panchayat Union
The President, Thattarahalli Village Panchayat
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
