V. Kumar vs The District Collector and The Commissioner Vellore Municipality

Markandey Katju, C.J.—This appeal is preferred against the order dated 13-7-2004 passed by the learned single Judge, dismissing the writ

petition filed by the appellant. Learned single Judge dismissed the writ petition on the ground that the issue whether the appellant is a encroacher or

not is a disputed question of fact and, therefore, the same cannot be gone into and decided by this Court, exercising powers under Art. 226 of the

Constitution of India.

We see no reason to interfere with the order passed by the learned single Judge. Grant of Writ under Art. 226 of the Constitution is the

''discretionary'' power of this Court. When the petitioner approaches this Court under Art. 226 of the Constitution, he has not only to show that

there is violation of law but must also show that equity lies in his favour. Where the petitioner is able to show only the violation of law but fails to

satisfy the Court that equity is in his favour, no Writ would be issued. In the present case, there is no equity at all in favour of the appellant as the

appellant does not have any semblance of title over the property in question and prima facie he appears to be a rank trespasser, squatting over the

public road. We are not inclined to exercise our discretion in favour of such a person like appellant as that would be perpetuating the

encroachment. We see no reason to interfere with the order passed by the learned single Judge.

The appeal has no merits. It is dismissed. Connected W.A.M.P. No. 7550 of 2004 is closed.