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2023 Supreme(Online)(MAD) 1617

HIGH COURT OF MADRAS
Hon`ble Mr.Justice S.M.SUBRAMANIAM
PONNUTHAI – Appellant
Versus
THE COMMISSIONER OF – Respondent


O R D E R

    [Order of the Court was made by S.M.SUBRAMANIAM, J.]

The relief sought for in the present writ petition is to direct the third respondent not to demolish the residential building bearing Door No. 6A/4, Old Ward No.10, new Ward No.11, having extent of 797 sq.ft., Uthamapuram Village, near Check post, Cumbum, Cumbummettu,

    Uthamapalayam Taluk, Theni District, under the guise of eviction process and to forbear the respondents from interfering with the petitioner's peaceful possession and enjoyment of the subject property.

2. Negative prayer, as such, sought for in this writ petition cannot be granted and if at all the petitioner claims any civil right, it is to be established before the Civil Court. If the petitioner is found to be an encroacher of a public land or unauthorized constructions are made, the same is to be dealt with in accordance with law.

3. The issue regarding removal of encroachment has been decided by this Court vide order dated 12.10.2023 in W.P.(MD)No.24679 of 2023 and the relevant paragraphs are extracted hereunder:-

“4.The Government originally issued G.O.(Ms)No.

540, Revenue [LD6(2)] Department, dated 04.12.2014 and formed committees to dispose of the grievan

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