Case Note & Summary
The petitioner, Chennai Port Trust, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the District Collector, Kancheepuram, to remove encroachments from its landed property measuring 1.25 acres in Survey No.94B and 1800 sq.ft. in Survey No.94A at Tirusoolam Village, Tambaram Taluk, and to enable the petitioner to take possession. The respondents included the District Collector, Commissioner of Police, and Tahsildar. During the proceedings, the learned Additional Government Pleader submitted a status report from the District Collector, Chengalpet, indicating that after discussions, the Additional Chief Secretary suggested giving an alternate site of 0.87 acre to the Chennai Port Trust in around Tirusulam village. However, the District Collector informed that no vacant government lands were available in and around Tirusulam village. The Deputy Chairman of Chennai Port Trust accepted the suggestion and requested an alternate site nearby Chennai Port Trust in Chennai District, noting that 9.00 acres of government land had already been allotted to INS. The court, considering that the issues between the parties had been resolved, disposed of the writ petition directing the respondents to identify suitable alternate land and allot it to the petitioner within a reasonable time. The court did not delve into the merits of the encroachment removal, as the parties had reached a consensus on the alternate site proposal.
Headnote
A) Property Law - Encroachment Removal - Alternate Site - The petitioner sought removal of encroachments from its land. The government proposed an alternate site, which the petitioner accepted. The court disposed the petition directing the government to identify and allot alternate land. (Paras 1-3)
Issue of Consideration
Whether the court should direct the District Collector to remove encroachments from the petitioner's land or whether the matter has been resolved through an alternate site proposal.
Final Decision
Writ petition disposed of. Respondents directed to identify suitable alternate land and allot it to the petitioner within a reasonable time.
Law Points
- Writ of mandamus
- encroachment removal
- alternate site
- government land allotment
