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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Krishnasamy Gounder – Appellant
Versus
District Collector, Office of the District Collector, Tiruppur District – Respondent
JUDGMENT :
V. LAKSHMINARAYANAN, J.
1. The present Second Appeal arises out of the judgment and decree of the Court of the learned Subordinate Judge at Kangayam in A.S.No.62 of 2017 (originally received as A.S.No.17 of 2017 on the file of the Sub Court at Dharapuram), dated 19.08.2019, in confirming the judgment and decree of the Court of the learned District Munsif at Kangayam in O.S.No.168 of 2009 dated 16.03.2017.
2. The plaintiffs are the appellants before me.
3. For the sake of convenience, the parties will be referred to as per their rank in the suit.
4. O.S.No.168 of 2009 is a suit for declaration that the order passed by the Tahsildar in Na.Ka.No.4517/2007/A1, dated 20.03.2009, is null and void and for the relief of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiffs in 'A' schedule mentioned property and for costs.
5. The case of the plaintiffs is that the 1st plaintiff, namely Krishnasamy Gounder, had purchased the property by way of a sale deed, dated 19.07.1959. They would state ever since the date of purchase, the 1st plaintiff had been in possession and enjoyment of the same by indulging in the acts of
The jurisdiction of civil courts is barred for challenges against eviction orders under the Tamil Nadu Land Encroachment Act, necessitating appropriate appeals against such orders.
Civil courts maintain jurisdiction to adjudicate ownership disputes regarding unauthorized occupation despite provisions in the Tamil Nadu Land Encroachment Act.
Civil courts have jurisdiction to adjudicate title disputes over land; revenue authorities cannot evict occupants under disputed ownership.
Eviction orders concerning disputed land must defer to ongoing civil proceedings, establishing land ownership is a matter for the civil court, not administrative authorities.
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