Ramya Velusamy (Analyst ) 14 February 2012

Path to agricultural land

We bought a path to the agricultural land of 5 acres in 1995 and we were using the path to the land till recently. The path is a shared path to the owner of the adjacent land and us. Since we dont live in Coimbatore, one day the owner who sold us the right to common path blocked the path to our land by fencing the entire path(without our permission) and locking the opening to our land. .

1. I do not want to go to the court as first choice, is it possible that i can file a police complaint that they have constructed illegal fence without our consent as it is common path way and both the owners have to consent to the path.

2. If at all, I should go to the court, Can I go to the high court in Chennai instead of sessions court ? The value of the land is more than 50 lakhs.

3. Since we have all the legal documentation, I believe that this is an enforcement issue and not a legal dispute. Would the local collector office or police would be able to help ?

I would appreciate any pointers in this regard.

Thanks,

Ramya

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 14 February 2012

It is a civil nature problem. Even if you filed a police complaint, it doesn't helps you. Lastly police say go to the civil court.

N.K.Assumi (Advocate) 14 February 2012

As pointed out by my learned Friend adv.rajeev(rajoo) the dispute is civil in nature and your complaint to the police can be taken up under Section 145 of the Criminal Procedure Code which is a procedure where dispute concerning land or water is likely to cause breach of peace, till your title is cleared by the Civil Court.

Ajoy Gupta (Advocate) 14 February 2012

First of all lodge a written complain to your local police station regarding " Illegal encroachment and there is every chance of breach of peace", the OC should intiate proceeding U/s 144 of Cr.P.C., then according to the order of the Ex.Magst. you can proceed further.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT) 14 February 2012

Dear Sir ,

if your Land is Agricultural use, Please verity the FMB Sketch with Village Administrative officer,

it shows the clearly your path way and also give written complaint to the regarding the matter to V.A.O. Then you approach the Land Grabbing Cell recently formed by the Tamilnadu government under Police officer rank of S.P.and give written complaint with clear and appropriate papers.