masilamani.r (retired government servant) 26 September 2009

Encroachment of public Property

I live in an approved layout in coimbatore District,Tamilnaddu.The main entrance road of our layout is being encroached by people living in the adjacent land.Our petition to the Muncipolity for eviction of encroachment is in vain. This is because the politicians who are elected members of the muncipal council are not interested as they consider the vote bank of encroachers,who are larger than us in the layout.Even our petition to the District collector has not worked. Please guide us whether we can file suit in court against the muncipolity for not acting on our petition for evicting and reguesting for court order for action for evicting encroachment in the approved layout? If there is any other means,we may be guided accordingly.

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2 Replies

kranthi kiran (Works In Judicial Department) 26 September 2009

file a writ petition before the High Court with a request to issue a mandamus to the concerned muncipality for having not acted on the complaint made by you.

Even, you along with the others residing the said layout ,can file a suit for injunction or recovery of possession, if the road is included in the layout

A Mishra (Director) 26 September 2009

The following actions will solve your problem:-
File an application under RTI Act seeking if there has been any encroachment at the entrance of your colony,if yes, what action to remove such encroachment has been taken by the concerned authorities.Don't give up the RTI case,even if you have to file appeals.
File a Writ of Mandamus in the appropriate High Court seeking direction from the High Court to the Municipal authorities to remove the encroachment.Please file RTI reply/admission regarding encroachment in the writ petition.
Lastly, if the above two Course of action fails then you can file a suit for declration,permanent injunction along with prayer of Mandatory Injunction to remove the encroachment.