Madras High Court restricts demolishing a private property encroaching upon govt land

Chennai: The Madras High Court has restrained the Kancheepuram district authorities from demolishing a private property allegedly encroaching upon government land at a village in the district, till a final decision was taken on the matter.

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan gave the interim direction last week on a PIL by one VBR Menon, an advocate who brought to the notice of the court the encroachment of government lands in Kancheepuram and Tiruvallur districts.

The petition sought quashing of an order issued by the Kancheepuram district Collector on 14 July last which alleged that a property of the petitioner had encroached on government land in Kovur village in the district. The order had also alleged that he had constructed a road on government land.

The bench said, “We make it clear that no action shall be taken in respect of the property of the petitioner till we take a final call in this matter.”

The petitioner submitted that his property was enclosed by a seven-foot high compound wall which was constructed 18 years ago and the purchase deed of the property proves the existence of the village road prior to the date of purchase of the property.

He said the allegations levelled against him in the impugned order that he had laid the road were “motivated and false.”

He further alleged that the area surrounded by the roads was being used by some “outside villagers” for burying and cremation of bodies and other illegal activities.

A representation was made in this connection to the District Collector and Tahsildar of Pallavaram but to no avail, he said.

The petitioner prayed the Court to quash the order and issue a direction to stop illegal burial and cremation activities permanently in front of his land.

After recording the submissions of Additional Advocate General that no further cremation activities would be permitted at the site, the court prevented the authorities from taking any action on the property of the petitioner till a final decision is taken and posted the matter for further hearing to 17 January.