A case of Criminal trespass.

This petition is filed by a lessee of fifteen grounds of vacant land situate at No. 33, Mundakanni Amman Koil Street, Mylapore, Madras, belonging to T.R. V. Subbi Chetty’s Family Charities, for the issue of a writ of mandamus directing the Commissioner of Police, Madras, to secure to him peaceful and quiet enjoyment of the property by removing the persons who are unlawfully remaining on the property.

The petitioner obtained a lease of the property from the trustees on 17th December, 1966 and took possession of the property on 11th January, 1967. On or about 3rd July, 1967, there was a serious fire accident in Mundakanni Amman Koil Street and a number of dwellings were destroyed. The fence erected by the petitioner on the property and the thatched sheds erected for storing building materials were also destroyed. For the purpose of having free access to the burning spots, the fire fighting party broke the wooden doors put up by the petitioner on the property. Before the petitioner could repair the damage to the thatched sheds and the fence, some of the persons whose dwellings were destroyed by fire committed criminal trespass by entering into his property and occupied the same and put up structures thereon. On 11th July, 1967 the petitioner addressed a memorial to the Chief Minister stating that the adjoining hut dwellers had occupied the land erecting thatched sheds without his knowledge and that on enquiry he was told by the Divisional Councillor that they would be temporarily accommodated there, and, as and when the tenaments proposed by the Government are made ready, the dwellers would move to their allotted places and that his land would be vacated by them. The petitioner prayed for expeditious steps in repatriating the dwellers on the petitioner’s property. On 21st October, 1967, the petitioner preferred a complaint to the Assistant Commissioner of Police, Egmore, complaining that the adjacent hut dwellers affected by the fire accident raised sheds in the property without his knowledge and were residing there. He stated that when he protested and asked them to remove themselves, as the occupation was unauthorised, they did not vacate. The petition stated that whatever may be the justification at the time of the accident, their determined continuance in the plot is illegal. Petitioner prayed that steps may be taken by the authorities for removing the huts and for clearing the unauthorised occupation of the hut dwellers. On 1st April, 1968, the petitioner reiterated his complaint to the Inspector, Police Station, Mylapore. On the same day, he gave a petition to the Commissioner of Police praying that action may be taken against the law-breakers and that immediate action may be taken against persons who continued in their unauthorised stay. Having failed to obtain any relief from the authorities, the petitioner has filed the present writ petition.

The contention of the petitioner is that the entry into his property by the hut dwellers was without his authority and permission and in open defiance and disregard of his rights as owner of property. His case is that when he called upon the persons in possession to remove themselves from the property, they stated that they were allowed to occupy the same by the Member of the Legislative Assembly of the locality. When the petitioner approached the Member of the Legislative Assembly, he was told that the dwellers would vacate as soon as alternative arrangements are made. The plea of the petitioner is that the occupation from the very commencement is illegal and that in any event their continued occupation would clearly be trespass, a cognizable offence, for which he is entitled to relief from the authorities.

In his counter-affidavit, the plea of the Commissioner of Police is that from the enquiry made by the Police, it appeared that persons in occupation of the property have entered the property only with the consent of the petitioner and that it would appear that the persons w