Petitioners filed writ petitions seeking quashing of a notice and directions to issue house pattas in land claimed to be road poramboke. The Court directed authorities to examine the legitimacy of patta issuance or rehabilitation plans.
Directed authorities to examine patta issuance or rehabilitation within two months; Writ dismissed; W.M.P.Nos. closed.
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: 20.12.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SUNDAR
W.P.No.43762 of 2016
and
W.M.P.Nos.37558 & 37559 of 2016
1.Muthuveeran 2.Velaththal 3.Nanjammal 4.Kannammal 5.Valliyammal 6.Ganapathi 7.Janopa 8.Saraswathi 9.Arukkani 10.Thangamani 11.Susila 12.Parimala 13.Rukkumani 14.Theivanai, w/o.Murugesan 15.Kalamani 16.Kumarathal 17.Dhanammal 18.Sumathi 19.Sivagamy 20.Jayamery 21.Mageswari 22.Eswari 23.Theivanai, w/o.Maruthasalam 24.Mrugathal 25.Kalpana 26.Umavathi 27.Kamala 28.Veeral 29.Bagavathi 30.Nagamani 31.Jaya 32.Ramal 33.Poongodi 34.Puvana 35.Velmani 36.Rani .. Petitioners
-vs-
2.The Tahsildar, Palladam Taluk, Thiruppur District.
3.The Assistant Divisional Engineer, Highways (Construction and Maintenance), Palladam, Thiruppur District.
4.The Assistant Engineer, Highways (Construction and Maintenance), Palladam, Thiruppur District. .. Respondents
Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus, call for entire records pertaining to the notice in Ku.No.25/2016/Vazhakku/U.Po/dated 02.11.2016 and quash the same and issue further direction to the respondent 1 and 2 to issue house-pattas to the petitioners in Survey No.698/1 of Shamalapuram Village, Palladam Taluk, Thiruppur District within the time frame fixed by this Hon'ble Court.
For Petitioners : Mr.S.Rajanikanth For Respondents : Mr.R.Vijayakumar Addl. Government Pleader ORDER (Order of the Court was made by The Hon'ble Chief Justice) The petitioners are persons, who have encroached on Survey No.698/1 of Shamalapuram Village, Palladam Taluk, Thiruppur District and claimed to have constructed 50 houses, shops, compound walls and a small temple etc, out of which 36 have filed the present petition, who are stated to be using it as residential purpose.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The District Collector, Thiruppur District, Thiruppur. 2.The Tahsildar, Palladam Taluk, Thiruppur District. 3.The Assistant Divisional Engineer, Highways (Construction and Maintenance), Palladam, Thiruppur District. 4.The Assistant Engineer, Highways (Construction and Maintenance), Palladam, Thiruppur District.
+1cc to Mr.Rajanikanth, Advocate, S.R.No.74103 +1cc to the Government Pleader, S.R.No.74331 mg(CO) md(22/12/2016)
W.P.No.43762 of 2016
1 issue framed by the court
Whether the enforcing authorities should examine if petitioners occupying road poramboke land are liable for patta issuance or rehabilitation before clearing the area.
1 provisions across 1 enactments
1.Muthuveeran and ors.
The District Collector, Thiruppur District
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
