P.Kumaran v. The Commissioner
Writ Petition (Mandamus) – Encroachment/Cesspool – Title dispute
Case brief
What is this about?
Madras High Court, WP No. 4736 of 2023 (with WMP No. 4741 of 2023), decided 01-04-2026; order made by S.M. Subramaniam J., bench comprising S.M. Subramaniam and K. Surender JJ. Keywords: cesspool; encroachment removal; writ of mandamus; Greater Chennai Corporation; Chennai Metro Water Supply and Sewerage Board (CMWSSB); Periyar Nagar Welfare Association; title dispute; competent civil court; judicial review; jurisdictional limits of High Court; dismissal without costs. Relevant where it is argued that mandamus will not lie, and judicial review cannot be invoked, to resolve competing claims of title to land, which must instead be established before a civil court.
What did the court decide?
A petitioner claiming any right over a portion of the land must approach the competent civil court to establish his right; the High Court, in exercise of its power of judicial review, cannot decide a title dispute.