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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
K. Jagadeeswaran S/o Late Krishnan – Appellant
Versus
Additional Chief Secretary Revenue and Disaster Management Department – Respondent
| Table of Content |
|---|
| 1. land encroachment proceedings initiated under tamilnadu act. (Para 1 , 4 , 5) |
| 2. allegations of forgery and political collusion. (Para 6 , 7 , 8) |
| 3. courts cannot review authorities' decisions. (Para 9 , 11) |
| 4. title disputes to be resolved by civil court. (Para 10 , 12) |
| 5. writ petitions dismissed with no costs. (Para 13) |
ORDER :
1. The present writ petitions have been instituted challenging the eviction proceedings instituted by the authority of the Government under the Tamilnadu Land Encroachment Act, 1905. Litigations are instituted at various stages and the present litigations are re-litigations and the issues were earlier considered by this Court.
2. Initially, one Mr.B.Santhanam, filed W.P.No.4268 of 2024 and the Division Bench of this Court passed an order on 22.02.2024 as follows:
2. Learned Special Government Pleader submits that survey would be conducted preferably within a period of three months from today and upon survey, if any encroachment is found, action would be taken to remove the encroachment expeditiously.
3. In view of the said statement, no orders are necessary in the present writ petition. The writ petition, accordingly, stands disposed of. There s
Judicial review is limited to procedural compliance; title disputes should be settled in Civil Courts, not through writ petitions.
Civil disputes involving encroachments should be resolved through appropriate civil courts as they require pleadings and evidence, not through writ jurisdiction under Article 226.
The High Court cannot adjudicate on disputed civil rights related to land boundaries, which must be resolved in competent civil courts under applicable statutes.
Authorities must enforce removal of identified encroachments on government poramboke land under Tamil Nadu Land Encroachment Act, 1905.
Revenue authorities cannot initiate eviction on patta land as per survey findings; disputes should be resolved in civil courts.
A show cause notice under the Tamil Nadu Land Encroachment Act does not justify a writ proceeding; the petitioner may submit explanations for the competent authority's consideration before any enforc....
Pending revisions under encroachment Act render writ challenges infructuous; pursue statutory remedies first.
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