Case Note & Summary
The petitioner, S. Mani, filed a writ petition under Article 226 of the Constitution before the Madras High Court seeking a writ of mandamus or any other appropriate writ to forbear respondents 1 to 5 (District Collector, Revenue Divisional Officer, Tahsildar, Block Development Officer, and Panchayat President) from disturbing his peaceful possession and enjoyment of Grama Natham land comprised in Old Survey No. 111/1 and New Survey Nos. 300/21, 300/22, and the south eastern portion of Survey No. 300/19, measuring 0.03 ares (27 feet East to West and 125 feet North to South) situated at North Street, Thirunavalur Village, Ulundurpet Taluk, Kallakurichi District. The court noted that the nature of relief sought was not maintainable as it involved civil rights. The learned Additional Government Pleader for respondents 1 to 3 submitted that one Mr. R. Kathirvel had filed W.P. No. 19342 of 2020 seeking removal of encroachment, and this court had passed an order on 21.12.2020 directing authorities to conduct inspection, survey, and take appropriate decision. The petitioner was also an encroacher. The court held that the relief of forbearing respondents from disturbing possession cannot be granted as it falls beyond the realm of judicial review. The petitioner's counsel submitted that a civil suit in O.S. No. 183 of 2015 was pending before the Principal District Munsif, Ulundurpet. The court observed that in view of the pending civil suit, the writ petition was not maintainable. However, the court directed that in the event of identifying encroachments, competent authorities shall remove all such encroachments by following procedures as contemplated under the Statute and Rules as expeditiously as possible. The writ petition was dismissed with no costs, and the connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability - Injunction - Writ petition seeking to restrain authorities from disturbing possession of Grama Natham land is not maintainable as it involves civil rights and falls beyond the realm of judicial review. (Paras 2-4) B) Civil Procedure - Pending Suit - Effect - Where a civil suit in O.S.No.183 of 2015 is pending before the Principal District Munsif, Ulundurpet, the writ petition for similar relief is not maintainable. (Para 5) C) Property Law - Encroachment - Removal - Competent authorities shall remove encroachments by following procedures under Statute and Rules expeditiously. (Para 5)
Issue of Consideration
Whether a writ petition seeking to forbear authorities from disturbing possession of Grama Natham land is maintainable when a civil suit is pending and the relief involves civil rights.
Final Decision
The writ petition was dismissed. No costs. Connected miscellaneous petition closed. However, authorities were directed to remove encroachments by following procedures under Statute and Rules expeditiously.
Law Points
- Writ petition not maintainable for injunction involving civil rights
- pending civil suit
- encroachment removal by authorities
