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MUNISHWAR NATH BHANDARI, N. MALA
A. Chinnasamy – Appellant
Versus
District Collector Office of the Collectorate, Kallakurichi – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to dispose off the representation dated 23.05.2020 and consequently remove the encroachment made by 5th respondent in S.No.302/3, Royapanur Village, Chinna Salem, Kallakurichi District.)
Munishwar Nath Bhandari, CJ.
1. The writ petition has been filed seeking a direction to the respondents 1 to 4 to dispose of the representation made by the petitioner to remove the encroachment made by the 5th respondent in S.No.302/3, Royapanur Village, Chinna Salem, Kallakurichi District.
2. Learned counsel for the petitioner submits that a basement was constructed by the Government for the purpose of building the PDS Shop, but the 5th respondent, by making encroachment on the said land, demolished the basement and levelled the same with sand. Accordingly, a representation was given by the petitioner to remove the encroachment. As no action was taken on the representation submitted by the petitioner, the present writ petition has been filed. Photographs are enclosed along with the writ petition to show the encroachment.
3. We have considered the submission
Authorities are mandated to act on representations regarding encroachments on government land, ensuring timely removal of such encroachments to protect public property rights.
High Court refrains from writ jurisdiction on factual disputes pending before civil court.
Encroachment disputes on government-allotted property must be resolved in civil court, not through writ petitions under Article 226 of the Constitution.
Mandamus directs authorities to survey and remove encroachment on government burial ground after notice and hearing.
Mandamus directs authorities to survey and remove encroachments on public roads after notice and hearing.
The Court determined that Grama Natham lands, once occupied, do not vest with the Government, negating the application of the Land Encroachment Act.
Mandamus issued for joint survey to verify and remove encroachments on poromboke land within three months.
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