Petitioner sought writ directing municipal authorities to remove unauthorized construction on land classified as Ryotwari. Court held eviction by Government is not possible on such land and dismissed the petition.
Petitioner to approach appropriate Civil Court; no order in the Writ Petition.
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W.P.(MD)No.21892 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.21892 of 2024 and W.M.P.(MD)No.18543 of 2024
Kamal Mydeen, S/o.Nawas Lebbai
... Petitioner
-vs-
3.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli Town.
5.G.Senthilkumar ... Respondents
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PRAYER:
W.P.(MD)No.21892 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to take action against unauthorized construction made by the respondents 4 and 5 in T.S.No.2503, Thadi Veerayyan Kovil Street, Tirunelveli Town and to remove the same based on the petitioner's representation dated 27.03.2023.
For Petitioner : Mr.T.Selvan For R1 and R2 : Mr.S.P.Maharajan Special Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side)
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Prayer in the Writ Petition reads as follows:-
''To issue a Writ of Mandamus directing the respondents 1 and 2 to take action against unauthorized construction made by the respondents 4 and 5 in T.S.No.2503, Thadi Veerayyan Kovil Street, Tirunelveli Town and to remove the same based on the petitioner's representation dated 27.03.2023. ''
2 . A perusal of the revenue records shows that the land in question has been classified as ''Ryotwari Land'' and in the remarks column, it is stated that
Page 2 of 4
W.P.(MD)No.21892 of 2024
it is 63 Nayanmar Chatram. Since the land has been classified as ''Ryotwari Land'', the eviction or removal of encroachment cannot be done by the Government.
3 . Leaving it open to the petitioner to approach the appropriate Civil
Court, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 13.09.2024 smn2
To:-
_____________ Page 3 of 4_
W.P.(MD)No.21892 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.21892 of 2024 and W.M.P.(MD)No.18543 of 2024
13.09.2024
_____________ Page 4 of 4_
2 issues framed by the court
Whether a writ of mandamus can direct removal of unauthorized construction on Ryotwari land.
Whether eviction or removal of encroachment on Ryotwari land falls within the power of the Government.
Kamal Mydeen
Commissioner, Tirunelveli City Municipal Corporation
Assistant Commissioner, Tirunelveli Town Zone
Inspector of Police, Tirunelveli Town Police Station
C.Ganesan
G.Senthilkumar
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
