Back
D. KRISHNAKUMAR, L. VICTORIA GOWRI
K. Alagarsamy – Appellant
Versus
District Collector, Virudhunagar – Respondent
JUDGMENT
(Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order of the fourth respondent an order in Na.Ka.A8/4858/2015, dated 02.12.2022 and quash the same.
Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the contemnor / 2nd respondent for the deliberate and wilful disobedience of the order passed by this Court dated 26.02.2018 made in W.P(MD)No.3930 of 2018.)
Common Order:
D. Krishnakumar, J.
1. W.P (MD) No. 28544 of 2022 is filed by the petitioner, to quash the impugned notice issued by the fourth respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, in Na.Ka.A8/4858/2015, dated 02.12.2022, pursuant to the order passed by this Court in Cont.P(MD)No. 685 of 2018 in W.P(MD)No.3930 of 2018, dated 30.11.2022.
2. According to the petitioner, he is the Secretary of the Arulmighu Sree Seelaikariamman Kovil Annadhanam Seithu Vazhipadupavarkal Sangam. The property comprised in Survey Nos.43/12 and 43/13 was originally classified as a ''Kaliyidam and Kalimanai'', which is a vacant land and patta was granted in favour o
Unauthorized constructions must be removed within a specified period, and individuals can approach the authorities for grant of patta for government poramboke land.
The judgment emphasizes the importance of evidence in establishing ownership claims and the validity of permissions granted for construction on disputed land.
The main legal point established is the importance of following due process of law and the limited scope of interference under Article 226 of the Constitution of India in land dispute cases.
A person in unauthorized occupation of government land cannot be evicted summarily if they have a bona fide claim to the property. The encroachment proceeding should only be initiated if it is clear ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
