IMPORTANT POINT
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.

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 came to know that patta was granted in respect of Government poramboke lands and action was taken to cancel the patta. Several such persons have encroached upon public lands and streets.

3. The learned counsel for the petitioner would submit that private respondents in writ petitions are also encroachers, encroached upon Government poramboke lands and constructed buildings.

4. The counter filed by the Revenue Divisional Officer, Central Chennai Division, reveals that encroachments are identified and the relevant paragraphs 11, 13 and 15 in the counter are extracted as under:-

“11. It is respectfully submitted that the subject land involved in the said writ petition along with certain other lands originally measuring 6.47 acres of land in S.No.168/3, stood classified as 'Anadheenam' and classified as 'Circar Punjai' in the 'A' Register maintained by the Revenue Department and registered in the name of one by name Narasimhan. The subject land was assigned Old 168/3E part and 168/3F part of Oragadam Village and was meant for M.C.Raja Road. Though the petitioner herein claims that the said land was settled in her favour by the Settlement Officer, it cannot be accepted in the absence of the said order of settlement. Besides this, the second respondent herein had observed that the said land in S.No.168/3 was measuring 331 q.meters and that patta was issued only based on the document produced by the petitioner herein. Hence, the second respondent in her proceedings issued in A5/4568/2022 dated 07.12.2022 had ordered to cancel the patta issued to the petitioner herein. 13. It is respectfully submitted that in pursuance of the said order, the said land was inspected by the second respondent herein. The petitioner herein claims to have purchased a total extent of 8579 sq.feet of land by virtue of the following documents:-

15. It is respectfully submitted that during inspection, it was found that the petitioner is still encroaching upon an extent of 220.30 sq.meters (equivalent to 237 sq.feet) (Orange colour in sketch) of land lying on the Western side of T.S.No.127/2 leaving an extent of 110.70 sq.meters (equivalent to 1192 sq.feet) (Yellow colour in sketch) ly