The court disposed of a writ petition seeking eviction and forbearance in electricity supply. It directed official respondents to examine the issue of an erroneous patta, pass orders after notice, and complete the exercise within three months.
Directing respondents to examine the erroneous patta issue and pass orders within three months after notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P.No.26985 OF 2012
and
M.P.No.1 of 2012
P.Sakthivel .. Petitioner
Vs.
1.The District Collector,
Namakkal District,
Namakkal.
2.The District Revenue Officer,
Office of the Collectorate,
Namakkal.
3.The Revenue Divisional Officer,
Thiruchengodu,
Namakkal District.
4.The Tahsildar,
Paramathivelur Taluk,
Namakkal.
5.The President,
Vadakaraiathur Village Panchayat,
8/90-A, Vadakuthottam,
Jadarpalayam,
Paramathivelur Taluk,
Namakkal District.
6.The Executive Engineer,
Operations and Maintenance,
TANGEDCO,
Paramathivelur Taluk,
Namakkal District.
7.Baghyalakshmi .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to evict the 7th respondent from the land in Survey No.758/A3, Jadarpalayam, Vadakaraiathur Melmugam Village, Paramathivelur Taluk, Namakkal District classified as graveyard and consequently the forbear the 6th respondent from restoring electricity supply to the 7th respondent based upon the representation of the petitioner dated 12.6.2012.
For Petitioner : Mr.R.Karthikeyan
For Respondents : Mr.V.R.Kamalanathan Addl. Government Pleader for R1 to R5 Mr.S.K.Raameshuwar for R6 Mr.K.Thilageswaran for R7 ORDER (Order of the Court was made by The Hon'ble Chief Justice)
A perusal of the writ petition and the counter-affidavit of the Government authority brings to light that the stand of the Government now is that the patta issued to the seventh respondent was erroneous in view of the previous proceedings and thus, the patta would have to be cancelled. The position remains at that stage.
Sd/
ASSISTANT REGISTRAR(CO)
/TRUE COPY/
SUB-ASSISTANT REGISTRAR
bbr
To
1.The District Collector,
Namakkal District, Namakkal.
2.The District Revenue Officer,
Office of the Collectorate, Namakkal.
3.The Revenue Divisional Officer,
Thiruchengodu, Namakkal District.
4.The Tahsildar,
Paramathivelur Taluk, Namakkal.
5.The President,
Vadakaraiathur Village Panchayat,
8/90-A, Vadakuthottam,
Jadarpalayam, Paramathivelur Taluk,
Namakkal District.
6.The Executive Engineer,
Operations and Maintenance,
TANGEDCO,
Paramathivelur Taluk, Namakkal District.
+1 CC to MR.S.K.Raameshuwar Advocate. SR.NO.66796
+1 CC to MR.R.Karthikeyan Advocate. SR.NO.66027
+1 CC to Govt.Pleader. SR.NO.66172
W.P.No.26985 of 2012
CO-SV
JD 22/12/2015
1 issue framed by the court
Whether the writ petition should be finally disposed of or remanded for further proceedings to examine the erroneous patta and pass necessary orders.
P. Sakthivel
The District Collector, Namakkal
The District Revenue Officer, Namakkal
The Revenue Divisional Officer, Thiruchengodu
The Tahsildar, Paramathivelur Taluk
The President, Vadakaraiathur Village Panchayat
SANJAY KISHAN KAUL
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
