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S. M. SUBRAMANIAM, V. LAKSHMINARAYANAN
R. Muthukrishnan – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary – Respondent
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 p
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.
High Court refrains from writ jurisdiction on factual disputes pending before civil court.
Compliance with provisions of law is necessary before taking action to remove possession, and respondents must consider the petitioner's reply and representation.
The court held that alternative remedies must be pursued before judicial intervention in land-related disputes.
The main legal point established in the judgment is the court's authority to dismiss writ petitions filed by encroachers and grant a period for the removal of encroachments based on public interest a....
Mandamus directs authorities to survey and remove encroachments on public pathway land following due process.
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