K NARAYANAN Vs. M G MAHALINGM

JUDGEMENT

(1.) The petitioner has sought for a writ of mandamus, directing the respondent to restore the petitioner's building unlawfully demolished by him in S. No. 148-31 C in Melakottaiyur Village, Kancheepuram District and to pay suitable compensation. It is the case of the petitioner that his paternal uncle constructed a house measuring 250 sq. ft in S. No. 148-31C in Melakottaiyur Village, Kancheepuram District in 1989. House tax was levied in his name by Melakottaiyur Panchayat and that he was paying the same. Later, the house was transferred in the name of the petitioner in 1994 and that he has been in possession and enjoyment and that he was paying the house tax periodically. The land has been classified as 'Meikkal'.

(2.) According to the petitioner, he has been in continuous possession and enjoyment of the above said property for more than 10 years and therefore, he is entitled for a house site patta, as per the orders of the Government in G.O. Ms. No. 168, Revenue Department dated 27.3.2000. He has lodged a complaint to the police station that some unknown persons have demolished the house. However, lateron he came to know that the house was demolished by the respondent. Thereafter, he gave a revised complaint on 11.8.2003.

(3.) According to the petitioner, no notice was given to him before demolishing and that no action was taken by the Revenue officials under the Tamilnadu Land Encroachment Act, 1905. He has been deprived of his property in violation of Article 300A of the Constitution of India. The petitioner has sought for a direction against the respondent for restoration of the building said to have been demolished in S. No. 148-31C in Melakottaiyur Village, Kancheepuram District.