Litigant Has To Approach Competent Civil Court Of Law For Establishing His Case In Title Dispute: Madras High Court

While dismissing the petition seeking quashing of notice issued by the Commissioner, Madurai Corporation for removal of encroachment, the Madras High Court granted liberty to the Petitioner to approach the competent civil Court of law if all the petitioner claims title over the subject property, since the authorities have not removed the encroachments so far.

The Division Judge Bench of Justice S. M. Subramaniam and Justice V. Lakshminarayanan observed that “The grounds raised on merits by the petitioner cannot be adjudicated in a writ-proceedings since it requires securitization of documents and evidence in original”.

The Bench further added that “High Court cannot conduct a roving enquiry and when the title dispute has been raised by the petitioner, he has to approach the competent civil Court of law for the purpose of establishing his case”.

Advocate J. Barathan appeared for the Petitioner whereas Advocate S. Vinak appeared for the Respondent.

The brief facts of the case were that the Petitioner claimed that the subject property completely belonged to his mother and he inherited the property by way of settlement of the year 2008. But the Commissioner issued the impugned notice treating the petitioner as an encroacher. Here, the petitioner approached the court for the removal of encroachment.

After considering the submission, the Bench noted that the petitioner should approach the competent Civil Court of law, since, by virtue of an interim order granted in this Writ Petition, the authorities have yet to remove the encroachments.

The Bench also stated that If at all the petitioner claims title over the subject property, he is at liberty to approach the competent civil Court of law in the manner contemplated.

On finding that the Petitioner had approached the wrong court, the High Court dismissed the petition and directed the Petitioner to approach the competent Civil Court of law.

Cause Title: P. Ganesan v. The Commissioner, Madurai City Municipal Corporation [Neutral Citation: 2023/MHC/4524]

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