High Court directs removal of encroachment in over five grounds at Kancheepuram

Directing the State to act vigilantly and that the authorities competent to invoke the provisions of the Tamil Nadu Land Encroachment Act, 1905 or the Tamil Nadu Protection of Tanks and removal of Encroachment Act, 2007, whichever is applicable, Justice SM Subramaniam said, “Mere possession of the land will not confer any right or title over the government land held by them. Moreover, a decision had already been taken by the government to evict the predecessors in title. The land involved in this case stands classified as ‘Circar Poramboke’.

“This court is of an opinion that providing further time would not be preferable in the interest of justice and in the interest of the public at large. The writ petitioner, being an encroacher, has enjoyed the public land for the past many years and utilised the same for commercial premises for his unlawful enrichment. Thus, no leniency is to be shown,” the Judge added.

The petitioner Shree Agarwal Sabha, represented by its vice-president Mohanlal Sharaf, had contended that they are the absolute owners of the property and hold a valid title. The notices were issued erroneously as the land in question is classified as ‘Circar Poramboke’ and hence liable to be scrapped.

However, the Judge on citing various High Court directions to the Tamil Nadu Government and revenue officials to strictly protect ‘Gramanatham’ lands from being misused, particularly for commercial purposes, said the writ petitioner was granted with patta by including his name only in the Occupier’s column (and not under the Owner’s column). Moreover, the said patta was cancelled by the District Collector in 2005.

Hence, the authorities are bound to evict the writ petitioners without any loss of time and take possession of the properties and utilise the same for the welfare of the public, the Judge said in his order while directing the Chennai Commissioner of Police to provide protection during eviction.

It may be noted that the writ petitioner had constructed a marriage hall on the said land. Besides this, in a portion of the land, a clinic is functioning under the name of ‘Maharaja Agrasen Charitable Clinic’.