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S. M. SUBRAMANIAM, K. RAJASEKAR
Vijayalakshmipuram Thittapaguthi Kudiyurppu Manai Yrimalyalagal Sangam, Represented by its Secretary, R. Rajasekar, Chennai – Appellant
Versus
Commissioner, Corporation of Chennai, Chennai – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent situated in S.Nos.168/3E1, 168/3F1, M.C.Raja Street, Vijayalakshmipuram, Ambattur, Chennai-600 053.)
1. The Writ of Mandamus has been instituted to direct respondents 1 to 4 to remove the encroachment made by the fifth respondent situated in S.Nos.168/3E1, 168/3F1, M.C.Raja Street, Vijayalakshmipuram, Ambattur, Chennai-600 053.
2. The contention of the petitioner is that larger extent of Government poramboke lands are under encroachments, more specifically, public streets. By encroaching upon public streets, unauthorised buildings are constructed and thereby depriving the people of that locality to have free access to the road. The petitioner would further submit that a Sale Deed was registered in violation of revenue records, which was existing and based on such Sale Deed, patta was granted erroneously. Subsequently, the Authorities cam
Duty of Revenue Authorities to protect Government lands and take action against encroachments, and the need for vigilance in dealing with encroachments and violations to protect public properties.
Duty of Revenue Authorities to protect government lands and the need for vigilance in dealing with encroachments and fraudulent documents.
Mandamus directs removal of encroachments on government poramboke land within 12 weeks after due process.
Authorities must remove identified encroachments on government poramboke land under relevant Act after hearings.
Mandamus directs authorities to survey and remove encroachments on public pathway land following due process.
High Court refrains from writ jurisdiction on factual disputes pending before civil court.
Official authorities must determine encroachment removal proceedings while factoring in pending applications for land reclassification, ensuring actions are in accordance with law following the resol....
The jurisdiction of the High Court under Article 226 does not extend to adjudicating ownership disputes relating to immovable property, which must be resolved in civil courts.
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