A writ petition challenging a notice for encroachment on Government land is not maintainable if the petitioners fail to establish a legal right and have previously undertaken to vacate the premises.

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records of the 4th respondent pertaining to the impugned notice in M.A.15.Na.Ka.No/B2/05343/2023 dated 12.12.2024 quash the same as illegal.

1. The writ petition has been instituted challenging the notice dated 12.12.2024 issued to the writ petitioners/encroachers of Government Poramboke land classified as “Cart Track.”

2. No writ against notice is entertainable unlesss such notice has been issued by an incompetent Authority having no jurisdiction or tainted with the allegations of mala-fides. Instead of submitting explanation along with the documents, if any, the petitioners have chosen to file the writ petition probably with an idea to prolong the removal of encroachments. Courts cannot aid such persons, who cause obstruction for implementation of developments made by the Authorities in public interest.

3. In the present case, the petitioners along with the other petitioners in W.P. No. 30404 of 2015 have given an undertaking that “I will vacate my house on notice of commencing project of widening road or erecting underground drainage system taken up for proposal is given and on the date on which the project is taken up for execution, till such time I may be permitted to be in possession. As on the date there is no proposal.”

4. The learned Counsel for the petitioners relied on the order passed by this Court dated 25.01.2016 in W.P. No. 30404 of 2015. This Court in the year 2016 directed that the petitioners will vacate the premises, whenever the Authorities require the encroached portion for road widening/drainage system etc.

5. Such an order passed in the year 2016 would not be a ground to file the present writ petition for the purpose of setting aside the notice. Eight years lapsed from the date of passing of the order. Chennai City has developed a lot and various public interest projects are being implemented by the Government.

6. Admittedly, petitioners are the encroachers and in occupation of the Government Poramboke land classified as “cart track.” That being so, the petitioners have not established even a semblance of legal right for the purpose of entertaining the writ petition. If at all the petitioners are landless poor persons and having no other property or source of income, they are at liberty to submit an application to the Tamil Nadu Urban Habitat Development Board, who in turn shall consider the case for providing alternate accommodation in any one of the available projects as per the eligibility and on payment of required charges as per the rules in force.

7. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.