Woman’s Cement-Sheet House On Land Recorded Vacant: Madras HC Orders Encroachment Removal Under Tamil Nadu Land Encroachment Act Within 12 Weeks

In brief

The question

Whether the official respondents should be directed to take action to remove the encroachment identified in S.No. 328/51 by following the procedure prescribed by law

The court held

The Court disposed of the writ petition with a direction to the official respondents to initiate action against the identified encroachments in accordance with the Tamil Nadu Land Encroachment Act and complete the exercise within twelve weeks from receipt of the order

It also directed

No costs were awarded

01Facts

The petitioner sought a writ of mandamus directing the revenue authorities to remove alleged encroachments in Survey Nos. 328/50–53, Kothamangalam Village, and maintain the land as Government poramboke for public purposes

p. 2

In its counter-affidavit, the Tahsildar reported that S.No. 328/50 had been assigned to Thangavel in 1995 and was occupied by his son; S.No. 328/51 was recorded as vacant, but field inspection found the tenth respondent, Rasammal, residing in a cement-sheet house there; and S.Nos. 328/52 and 328/53 were covered by Patta No. 435 and subsequent revenue records in her favour following a registered document

p. 3

The Tahsildar specifically stated that Rasammal had encroached on 0.0156.5 sq. m. in S.No. 328/51 and that action would be taken according to law

pp. 3–4

02Issues

i.Whether the official respondents should be directed to take action to remove the encroachment identified in S.No. 328/51 by following the procedure prescribed by law

pp. 3–4

ii.Whether the Court should direct removal of the alleged encroachments in the remaining survey numbers and require that the land be maintained as public-purpose Government poramboke

pp. 2–4

03Law Applied

The Court applied the Tamil Nadu Land Encroachment Act, directing that enforcement action against the identified encroachments be taken in accordance with the procedures contemplated by that Act

p. 4

04Reasoning

The Court relied on the Tahsildar’s counter-affidavit and the survey and field-inspection findings. Those findings identified an encroachment by the tenth respondent in S.No. 328/51, while the records described S.No. 328/50 as assigned land and S.Nos. 328/52–53 as patta lands

p. 3

Given the Tahsildar’s statement that the encroachment in S.No. 328/51 would be addressed through due process, the Court directed the authorities to initiate enforcement action concerning the identified encroachments under the Tamil Nadu Land Encroachment Act; it did not adjudicate the underlying title or assignment records

pp. 3–4