The Court disposed of a writ petition seeking directions to remove alleged encroachments in an odai and thar road. The Court held the allegations were baseless but ordered the thar road to be maintained for passage.
Thar road should be maintained to be used for passage.
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 : 24.01.2017
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND
The Hon'ble MR.JUSTICE M.SUNDAR
W.P. No.39797 of 2015
L.Sriraman ... Petitioner
-Vs-
1. The District Collector,
Salem District, O/o.Collector,
Salem-1.
2. The Tahsildar
Petthanayakken Palayam (Post)
and Taluk, Salem District.
3. The Executive Officer,
Pethanaickenpalayam Special Grade
Panchayat, Pethanaickenpalayam
Town Panchayat, Attur Taluk,
Salem District.
4. The Executive Engineer,
Public Works Department,
Collectorate, Namakkal 637 001.
5. Pooncholai ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 1 to 4 to remove the illegal encroachments made by the 5th respondent herein and the water channel i.e. classified as 'odai' situated at S.No. 16/5 Chinnasamuthiram Village, Pethanaickenpalayam (PO), Attur (TK), Salem (District) and Thar Road situated in S.No.16/7D to maintain the same without any encroachments and assure the free flow of water and cart track to the agricultural lands, based on the representations made by the petitioner to the respondents 1 to 4 herein, within a period stipulated by this Court.
For Petitioner : Mr.M.Vivekanandan
For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for RR 1, 2 and 4
: Mr.S.Diwakar for R-3
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice)
The petitioner seeks directions against the authorities seeking removal of encroachment allegedly made by the fifth private respondent in water channel classified as 'Odai' situated at S.No.16/5, the thar road situated in S.No16/7D and to maintain the free flow of water and the cart track respectively for the benefit of the agricultural lands.
2.In the counter-affidavit, it is stated that in S.No.16/5, which is classified as 'Odai', there is no encroachment. Also, the fifth respondent is stated not to have made any encroachment in the thar road situated in S.No.16/7D. S.No.16/7C is the patta land belonging to the fifth respondent. It is, however, admitted that in the thar road, a borewell was dug by the Town Panchayat for supply of water to public, though the borewell is not in use.
3.The aforesaid shows that the allegations against the fifth respondent are baseless. Further, the borewell has been dug by the Panchayat.
4.We are, thus, of the view that no intervention is called for in this petition, except that the thar road should be maintained in any manner so as to be used for passage.
Writ petition, accordingly, stands disposed of. No costs.
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
sra
To
1 issue framed by the court
Whether the allegations of encroachment by the fifth respondent in the odai and thar road require judicial intervention.
1 provisions across 1 enactments
L.Sriraman
The District Collector, Salem District
The Tahsildar, Petthanayakken Palayam
The Executive Officer, Pethanaickenpalayam Special Grade Panchayat
The Executive Engineer, Public Works Department
Pooncholai
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
