Case Note & Summary
The petitioner, K. Jayavelu, filed a writ petition before the Madras High Court challenging a notice dated 24.11.2017 issued by the Block Development Officer, Kakkalur Panchayat, Thiruvallur District, asking him to surrender the encroached portion of the property. The petitioner sought to quash the notice and to consider his representation dated 27.11.2017 to the Revenue Divisional Officer and Tahsildar. During the pendency of the suit, the petitioner had also filed an application to the District Collector for providing alternate accommodation under a welfare scheme for landless poor people. The court observed that the notice itself provided no cause for institution of writ proceedings. The learned counsel for the petitioner submitted that the application for alternate accommodation may be considered by the competent authority in accordance with the terms and conditions of the welfare scheme. However, the court held that as far as the present petition was concerned, the petitioner had not established any right for the authorities to consider the relief. Accordingly, the writ petition was dismissed with no costs. The court clarified that it was for the petitioner to pursue the application for alternate accommodation pending before the competent authority.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability - Notice to Surrender Encroached Property - The petitioner challenged a notice issued by the Block Development Officer asking him to surrender the encroached portion of the property. The court held that such a notice provides no cause for institution of writ proceedings and the petitioner has not established any right for the authorities to consider the relief. The writ petition was dismissed. (Paras 1-4)
Issue of Consideration
Whether a writ petition is maintainable against a notice asking the petitioner to surrender encroached property without establishing any right.
Final Decision
Writ Petition dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Law Points
- Writ petition not maintainable against notice to surrender encroached property
- No right established for relief
- Alternative remedy available
