Chennai: “It is trite that when a person is a rank encroacher without any valid right or title over the land belonging to the government, the court should not permit or protect the continued illegal occupation of the land. That apart, the court will never lend its aid to a person whose case is based on an illegal act, like encroachment in the case on hand,” Chief Justice Munishwar Nath Bhandari ruled while heading the bench which also had Justice D Bharatha Chakravarthy.
The petitioners challenged the notice issued by the Kancheepuram district administration under Section 7 of the Tamil Nadu Encroachment Act, 1905 as the authorities demanded the petitioners vacate their houses for encroaching a poramboke land.
“Indisputably, such encroachments could not have taken place without the knowledge of the respondent authorities,” opined Justice Bhandari in the order.
A few petitioners also wanted a direction to issue new housing pattas. However, J Ravindran, Additional Advocate General (AAG) submitted that the petitioners are rank encroachers on the land belonging to the government, and hence “the government is not inclined to issue pattas to the petitioners”.
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