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S. S. SUNDAR, N. SENTHILKUMAR
K. Rajendran – Appellant
Versus
District Collector, Tiruppur – Respondent
JUDGMENT :
S.S. SUNDAR, J.
1. This vexatious litigation is by an individual for issuance of a writ of certiorarified mandamus to quash the proceedings of the 1st respondent dated 27.11.2015 and to direct the 2nd respondent to demolish the construction erected by the 3rd respondent and consequently, to direct the 1st respondent to issue patta in the name of the petitioner in respect of the property where the 3rd respondent has obtained permission to construct a Church.
2. Brief facts that are necessary for the disposal of this writ petition are as follows:
3. A extent of about 6.30 acres of land in S.No.204/2 in Chitharavuthanpalayam Village, Dharapuram Taluk, Tiruppur District, was originally a Government Poramboke land. It is admitted by the petitioner himself that the Government issued G.O.Ms.No.761 dated 13.08.1996 to regularise unauthorised constructions and grant patta for eligible persons who are residing in that place. A reading of the said Government Order gives an indication that the entire extent of land in S.No.204/2 in Chitharavuthanpalayam Village, Dharapuram Municipal
Unauthorized constructions must be removed within a specified period, and individuals can approach the authorities for grant of patta for government poramboke land.
Point of law: According to Section 12-A of the A.P. Land Encroachment Act, 1905 the powers of revision authority are limited and the revision authority may call for the records either suo motu or on ....
Previously established rights of government over land exempted from acquisition supersede petitions claiming lack of opportunity in eviction proceedings.
The court established that a petitioner must come with clean hands when seeking equitable relief, and the legality of encroachments requires thorough investigation.
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
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