Writ petition seeking removal of encroachment on alleged public street was dismissed. Court held that conflicting averments prevented decision without evidence; petitioner directed to file civil suit for rights. Writ petition closed.
Writ petition closed. No costs. Petitioner directed to file a civil suit rather than continue the writ proceeding.
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.9572 of 2014
and
M.P.No.1 of 2014
M.Chitrarasu .. Petitioner
-vs-
1.The District Collector,
Collectorate,
Vellore District.
2.The Tashildhar,
Gudiyatham Taluk,
Vellore District.
3.The Commissioner,
Pernampet Municipality,
Vellore District.
4.The Firka Surveyor,
Pernampet, Gudiyatham Taluk,
Vellore District.
5.P.Thangaraj .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to survey the public street i.e. Bagar ussain Street-I, Pernampet, Gudiyatham, Vellore District and to remove all the encroachment made by the 5th respondent on the above said public street and to consequently direct the respondents to ensure the right of the general public to use above said public street.
For Petitioner : Mr.P.Vijendran For Respondents : Mr.R.Vijayakumar Addl. Govt. Pleader for R1, R2 & R4 Mr.P.Srinivas for R3 R5 : No Appearance
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The petitioner alleges that respondent No.5 has encroached on the public street and thus seeks a direction against the first four respondents to clear the obstructions.
4.The Firka Surveyor, Pernampet, Gudiyatham Taluk, Vellore District.
+1cc to Mr.P. Vijendran, Advocate, S.R.No.74401 +1cc to Mr.P. Srinivas, Advocate, S.R.No.74570 +1cc to the Government Pleader, S.R.No.74466
sv(CO) md(28/12/2016)
W.P.No.9572 of 2014
2 issues framed by the court
Whether a Writ of Mandamus can issue directing public authorities to remove encroachment when the land is alleged not to be public land and conflicting averments exist.
Whether the petitioner should file a civil suit instead of seeking Writ Jurisdiction for rights regarding the disputed land.
M. Chitrarasu
The District Collector
The Tashildhar
The Commissioner
The Firka Surveyor
P. Thangaraj
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
