Lawfully yours: By Retd Justice K Chandru

Chennai

Shifting of onus? Make both defendants parties to suit

I am living in Chennai, born and brought up in the same home since 1953. My home is located in the present Greater Chennai Corporation and before becoming GCC it was Alandur municipality and earlier it was Alandur panchayat. The frontage of my home was an open cantonment land and was non-occupied by encroachers. Since 1953, I was using that open land to go to school, college, and later to work till 2013. After my mother passed away in 2013, I left my home for a job outside India. Now, on returning, I find the frontage cantonment open land encroached by unauthorised slum dwellers. As of today, I have paid all property, water, and sewage taxes. My land is a patta land and registered in my mother’s name with all papers intact. I complained to GCC, and they replied to contact cantonment authorities as the passage comes under their jurisdiction. When approached, cantonment authorities asked me to go back to GCC as all our taxes are collected by GCC. Now my condition is very pathetic. After living in a place for more than 70 years and having paid all my taxes as of today, I don’t have any passage or access to my house. I need a street/passage to reach my home on either side of my home or both sides as it was before. How can I approach the court to resolve this issue legally with a faster settlement?

— Yusuff CK, Anna Nagar

You can file a writ petition in the Madras High Court making both the cantonment and GCC as parties and seek relief. In such a case, either one of them will have to take the responsibility of clearing the encroachment and providing passage for your house.