The power of judicial review under Article 226 cannot be used to determine civil rights related to immovable property, and the petitioner must establish title and ownership through the competent civil court.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, forbearing the respondents and their men from in any manner interfering with the petitioner''s peaceful possession, enjoyment and occupation of the land and building comprised in S.Nos.180/5, 180/3A8B, 5A2 Injambakkam Village, Tambaram Taluk, Kancheepuram District and bearing Door No.80B, near Hotel Thanjavur Veg., East Coast Road, Chennai-600 041.)

The relief sought for in the present writ petition is to forbear the respondents and their men from in any manner interfering with the petitioner''s peaceful possession, enjoyment and occupation of the land and building comprised in S.Nos.180/5, 180/3A8B, 5A2 Injambakkam Village, Tambaram Taluk, Kancheepuram District and bearing Door No.80B, near Hotel Thanjavur Veg., East Coast Road, Chennai-600 041.

2. The relief as such sought for in the present writ petition cannot be considered in view of the fact that the petitioner has to establish his title/ownership in respect of the subject property.

3. The power of Judicial Review under Article 226 of the Constitution of India cannot be expanded for the purpose of crystallisation of the civil rights regarding the immovable property.

4. The petitioner states that he is in possession of the vacant land, which was purchased in the year 1975. If so, the petitioner has to establish his title by approaching the Competent Civil Court of Law.

5. The respondents are bound to ascertain as to whether the land belongs to the Government or Poramboke land or otherwise. If the petitioner is in occupation of the Government Poramboke land or otherwise, the respondents are bound to initiate action to evict the encroachers from the said land in the interest of pubic and by following the procedures contemplated under the Land Encroachment Act.

6. Thus the respondents are directed to verify the revenue records and find out whether the land, which is in possession of the petitioner, is a Government land or otherwise and initiate appropriate action. If at all the petitioner claims that he is the owner of the property, then he has to approach the Competent Civil Court of Law for the purpose of establishing his title and ownership.

7. With the abovesaid observations, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also dismissed.