Govt custodian of public property, can’t remain mute spectator: Court

CHENNAI: Holding that the State, being the custodian of public property, is expected to protect and utilise it for public purposes and development activities, the Madras High Court directed the government to evict a person if found encroaching on highways property.

A division bench comprising Justice SM Subramanian and Justice K Rajasekar converted the Highways Department’s order to initiate proceedings against the petitioner into a show-cause notice, allowing him to submit objections with relevant documents.

Encroachment of public properties results in infringement of public rights, said the bench, noting that the State, being the custodian of public properties, cannot be a mute spectator.

The department initiated proceedings S Ramamoorthi from Chennai under Section 28 of the Tamil Nadu Highways Act, 2001 for allegedly encroaching upon road poramboke. Challenging this, he moved the court seeking to quash the order, submitting that he purchased the property by paying consideration and the sale deed was executed. He added that he had proof to establish his title over the subject property.

When the department submitted that he encroached upon road poramboke belonging to it, Ramamoorthi said the order initiating action against him was issued unilaterally, without granting opportunity to him to submit all relevant documents establishing his title.

After the submission, the bench directed the Highways Department to hear the petitioner’s version and take a decision. If it was found that the petitioner encroached on the department’s property, the petitioner should be evicted from the property within 12 weeks, the bench added.