Petitioners challenged a street encroaching on their patta land via a writ petition under Article 226. The Corporation denied allegations, stating disputes with private parties are for Civil Courts. The petition was dismissed after this observation.
Petition dismissed; no directions issued to remove the street.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2017
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND
The Hon'ble MR.JUSTICE M.SUNDAR
W.P.No.316 of 2017
1.B.Murali
2.Elangovan
.. Petitioners
rep. by their General Power of Attorney Agent R.Balakrishnan
-vs-
1.The Commissioner, Greater Corporation of Chennai, Ripon Buildings, Chennai-600 003.
2.The Zonal Officer, Zone – XV, Greater Corporation of Chennai, Sholinganallur, Chennai-600 119.
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to remove/obliterate the street named Mayana Street, that runs on the western side of the petitioners' Plot No.452, by encroaching partially the Plot No.452, V.G.P. Golden Beach, Uthandi Village, Divn No.199, Area 44, Zone 15 comprised in S.No.3/2B1 9Part) and as per patta S.No.3/365, Uthandi village.
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For Petitioners : Mr.N.Neelakandan For Respondent : Mr.V.C.Selvasekaran for R1 & R2 * * * * * ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The petition has been filed impleading the Greater Chennai Corporation as respondent making allegation that the local body is laying some road on the patta land of the petitioner in an approved layout plan.
there any truth in the petitioners allegation nor are they proposing to lay any road on the approved layout plan. If the petitioners have any dispute with the other private parties, that is a matter of recourse before the Civil Court.
No costs.
(S.K.K., CJ.) (M.S., J.) 05.01.2017 Index : Yes/No Internet : Yes/No bbr
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To
1.The Commissioner, Greater Corporation of Chennai, Ripon Buildings, Chennai-600 003.
2.The Zonal Officer, Zone – XV, Greater Corporation of Chennai, Sholinganallur, Chennai-600 119.
The Hon'ble Chief Justice
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and M.Sundar, J.
bbr
W.P.No.316 of 2017
05.01.2017 http://www.judis.nic.in
2 issues framed by the court
Whether the local body is authorized to lay a road on the petitioner's patta land.
Whether the petitioner's plea for suing the corporation in Writ Court is maintainable over a civil dispute.
1 provisions across 1 enactments
B. Murali
Elangovan
The Commissioner, Greater Corporation of Chennai
The Zonal Officer, Zone – XV, Greater Corporation of Chennai
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
