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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Suresh Kumar, G.Arul Murugan, JJ.
V.Isakkiappan -Petitioner
Versus
The District Collector / Monitoring Committee, Kanyakumari District and ors. – Respondents
W.P.(MD)No.16477 of 2024
Decided On : 22-07-2024
MANDAMUS - ENCROACHMENT - The court held that since the property in question was allotted to the petitioner, it constituted his absolute property. Any encroachment by the seventh respondent created a dispute that could only be resolved in a civil court, not through a writ petition under Article 226 of the Constitution of India. Thus, the court dismissed the writ petition as it was not feasible to consider the request for removal of encroachment through this legal avenue.
Fact of the Case:
The petitioner filed a writ petition under Article 226 seeking a Writ of Mandamus to remove encroachments made by the seventh respondent on his allotted property in Plot No.65, Survey No.202/2, located in Shenbagaraman Pudur Village.
Finding of the Court:
The court found that the property was exclusively allotted to the petitioner, making it his absolute property. The encroachment issue was deemed a private dispute between the petitioner and the seventh respondent, requiring resolution in a civil court.
Issues: Whether the writ petition under Article 226 is a suitable remedy for the removal of encroachment on the petitioner's allotted property.
Ratio Decidendi: The court concluded that disputes regarding encroachments on private property, particularly when the property is allotted by the government, should be resolved in civil court rather than through a writ petition.
Result: The writ petition was dismissed, with no order as to costs.
ORDER :
R.SURESH KUMAR, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th respondent in the petitioner's allotted property in Plot No.65 in Survey No.202/2 situated at Shenbagaraman Pudur Village, Thovalai Taluk, Kanyakumari District within a time frame as fixed by this Conduct.
The prayer sought for herein is for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th respondent in the petitioner's allotted property in Plot No.65 in Survey No.202/2 situated at Shenbagaraman Pudur Village, Thovalai Taluk, Kanyakumari District.
2.The property at Plot No.65 in S.No.202/2, admittedly is an allotted property for the petitioner by the Government. In that property, it is the allegation of the petitioner that the seventh respondent has encroached upon. Therefore, to remove the same, this Writ Petition has been filed by the petitioner.
3.Heard the learned Counsel appearing on either side.
4.Since it is an admitted fact that, the property in question is an allotted property, exclusively for the petitioner, therefore it has become his absolute property, of course, with certain conditions imposed by the authorities. In that property, if there has been any encroachment by the private party namely, the seventh respondent it is necessarily be a lis between the petitioner and the seventh respondent, which shall be resolved only by approaching the Civil Court by letting in evidence and such a lis cannot be resolved by this Court under Article 226 of the Constitution of India. Therefore, the prayer sought for in the present writ petition is not feasible to be considered. Hence, this Writ Petition fails.
5.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.
Encroachment disputes on government-allotted property must be resolved in civil court, not through writ petitions under Article 226 of the Constitution.
Authorities are mandated to act on representations regarding encroachments on government land, ensuring timely removal of such encroachments to protect public property rights.
A Writ of Mandamus is unnecessary when the action sought has already been completed by the encroacher.
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