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How to handle illegal construction of passage through privately owned


25-May-2023 (In Property Law)
ILLEGAL MAKING OF PASSAGE FROM MY FORM LAND 7/5 KAKKANUR, HOSUR TALUK, KRISHNAGIRI DT, MUNSIFF COURT HOSUR OVER RULED JUDGEMENT OF SUB COLLECTOR-SUBDIVISIONAL MAGISTRATE & MADRAS HIGH COURT. BOUNDRY FENCING DEMOLISHED BY TRESPASSER AND LIFE TREATS. REQUEST GUIDANCE REGARDS 
Answers (2)

Answer #1
870 votes
Hello,

Please provide more details on your question for me to advice you properly. Generally the lower courts cannot overrule the decision of the madras high court.

1. If you are facing life threats, go to the police and file a complaint under section 506 and other provisos of Indian Penal Code for criminal intimidation.
2. If a person is trespassing into your property, then you can file a complaint for criminal trespass and you can also file an civil suit for injunction restraining that person and his goondas from interfering with your property.
3. If your property was illegal demolished, you can file a civil suit for the injunction and damages against the persons who demolished you property. If you property was demolished wrongly (ie without notice, etc) in the exercise of a legal right, then you can file a writ challenging the same and may be eligible for compensation.

Regards.
Answer #2
975 votes
Give an representation to the proper authority and if not use file a written in the high court against the authorities to remove the encroachment. Then authorities will act immediately and take action against the enchorachers.

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