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Santhose   28 March 2018

Temple trustee trying to encroach nearby land


[Please ref the attached property map]

My parent got the HSD patta to our land 25 -28 yrs before and living in the same land for more than 28 yrs. We are having valid registration document, electricity bill, and ration card like all the documents we are holding. 

Near to our house one temple is there for more than 28 yrs. But there is no patta to that temple land and no registered trustee..[This temple is common to village people]

My house is the last house on my street. All need to go this temple after crossing our house, The street road size front of my house is only 10 ft(Because near to our house having Panchayat water tank and pipe connection. So no straight road). Street road size front of others land is around 14-15 ft..

Now 5 to 10 members from the temple, they are trying to encroach our house for remaining 5 ft road and arguing as its temple road and remaining 5 ft land belong to the temple..

1) We are already having constructed house and compound wall around our house. So they are trying to break that wall. Is it legal?

2) Temple members saying as they will call RI/officers for survey/inspection to our land without my parent’s approval. Is it possible anyone can raise a request to RI to inspect the others land? Is it legal? In case if any govt officers are coming to measure our land, as a landowner can we stop that?

Please Advise

 1 Replies

Subash M R (Advocate)     28 March 2018

You can move against the members who are trying to encroach your house by filing a case in a competent court of law seeking judicial process whereby a party is ordered to restrain from doing or to do a particular act or thing.Its object is to restrain or prevent.

Thanking you,  

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