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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Jayachandran, N. Mala, JJ
R. Susila – Appellant
Versus
District Collector – Respondent
Writ Petition No. 18934 of 2026|WMP No. 20223 of 2026
| Table of Content |
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| 1. procedural entry and background facts regarding the patta dispute. (Para 1 , 2) |
| 2. court refuses to grant relief for encroached land needed for public projects. (Para 4 , 5 , 6) |
(Order of the Court was made by Dr.G.Jayachandran J.)
Mr.V.Balakrishnan, learned Government Advocate accepts notice on behalf of the respondents 1 and 3 and Mr.RA.Gopinath, learned Standing counsel accepts notice on behalf of the 2nd respondent.
2. By consent of the learned counsels on either side, the writ petition is taken up for final disposal at the admission stage itself.
3. Pursuant to the orders passed by this Court in W.P.No.27259 of
2021, dated 25.06.2025, the Commissioner of Kancheepuram Corporation, has issued Enquiry Notice to the writ petitioner herein on 13.08.2025 for which the writ petitioner has given a representation and sought for issuance of patta in respect of the land encroached by her. The same was rejected by the Commissioner, Kanchipuram Corporation, vide notice dated 28.01.2026. The same is under challenge in this writ petition. Thereafter, the petitioner has made a further representation for issuance of patta citing his long occupation of the land. The present writ petition is filed seeking a mandamus to consider his representation dated 26.02.2026, for grant of patta.
4. The learned Government Advocate appearing for the respondents 1 and 3 submits that the land in occupation of the writ petitioner, encroached by her, is identified for the expansion of the public road and being an encroachment on the public road, patta cannot be granted.
5. Considering the sequence of fact, we are not inclined to entertain the writ petition seeking patta for the portion of the land encroached by the petitioner herein, which is required for the State for expansion of the road. However, before evicting the petitioner, we have no doubt that the respondents will follow due process of law and take possession.
6. With these observations, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
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