IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
M.ASHOKMANI – Appellant
Versus
S.VISAKAN IAS. – Respondent
| Table of Content |
|---|
| 1. background of petition and prior writ order. (Para 1) |
| 2. lack of jurisdiction over patta land. (Para 2) |
| 3. petition closed with liberty. (Para 3) |
(Order of the Court was made by G.R.Swaminathan J.)
The petitioner filed W.P(MD)No.13303 of 2020 for removing the encroachment said to have been committed by one Anbilrajan in Survey Nos.595/3 and 595/54 (public pathway) at Kariyampatti. When the matter was taken up for hearing, the learned Government Advocate submitted that Thiru.Anbilrajan, the fifth respondent, had committed encroachment in Survey No.595/27. In that view of the matter, this Court vide order dated 18.02.2021 directed the authorities to remove the said encroachment committed by the fifth respondent. Contending that the said order has not been complied with, this contempt petition came to be filed.
2.When the matter was taken up for hearing, the learned Government Advocate produced all the relevant materials, including the extract from the revenue record. It is seen therefrom that Survey No. 595/27 is a patta land. It is well settled that the provisions of the Land Encroachment Act can be invoked only if encroachment has been committed on a public land. Ther
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