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D. KRISHNAKUMAR, P. B. BALAJI
Commissioner Corporation of Chennai Ripon Building, Chennai – Appellant
Versus
A. Dasarthan – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the impugned order dated 02.022018 in the proceedings of the 2nd respondent vide No.Se.Mu.Aa.No.A2/48/2018 and quash the same.)
P.B. Balaji, J.
1. The Writ Appeal is at the instance of the Corporation of Chennai and its Zonal Engineer, challenging the order passed in W.P.No.310 of 2015 dated 08.01.2015, allowing the Writ Petition filed by the respondent in this Writ Appeal.
2. The brief facts that may be necessary for adjudicating the Writ Appeal are that the petitioner, being the owner of the property bearing plot No.6A, Raghava Reddiar Colony, 4Street, Sekar Nagar, West Saidapet, Chennai-600083, having purchased the same for a valuable sale consideration in and by a sale deed duly registered on 08.07.1998. It is the contention of the petitioner that the lands are lying vacant and the Corporation of Chennai viz., the appellants before us, put up a road in a portion of the petitioner property. The petitioner therefore gave representations seeking removal of the encroachments and as there was no response, the petitioner sent a le
The main legal point established is the entitlement to compensation under the 2013 Act for encroachment on the petitioner's property and the option of accepting a TDR certificate in lieu of compensat....
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 writ of mandamus or certiorari for the removal of structures predicated on alleged encroachment cannot be granted while a statutory appeal regarding the underlying title or patta is pending, as rig....
The main legal point established in the judgment is that once the Settlement Officer's order reached finality, issuing Patta for the same land on different grounds is not sustainable in the eye of la....
The main legal point established in the judgment is the validity of the Revenue Divisional Officer's decision to cancel the patta granted to the petitioner and grant it to the third respondent based ....
Unauthorized constructions must be removed within a specified period, and individuals can approach the authorities for grant of patta for government poramboke land.
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