The Madurai Bench of the Madras High Court dismissed this writ petition seeking direction to remove encroachments on private patta land. The dismissal was based on the petitioner's failure to submit justificatory material regarding the land's character when called upon.
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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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 28.07.2017
CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13997 of 2014
S.K.Senthilkumar
... Petitioner
Vs.
Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment which put in construction in S.F.No.292/3 at Thittankulam Village, Kovilpatti Taluk, Tuticorin District by the 5th and 6th respondents by considering the petitioner's representation dated 29.04.2014 within the period that may be stipulated by this Court.
For Petitioner : Mr.R.Ganesh Prabu For Respondents : Mr.M.Govindan, Spl.GP for R1 and R2 Mr.Karthick Raja for Mrs.J.Gunaseelan Muthaiah for R3 Mr.G.Thalaimutharasu for R5.
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O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.)
This writ petition has been filed for removal of encroachment in S.F.No.292/3 at Thittankulam Village, Kovilpatti Taluk, Tuticorin District put up by the fifth and sixth respondents herein. The writ petitioner had given a representation dated 29.04.2014 in this regard.
2.When the case was taken up for hearing, the learned counsel for the fifth and sixth respondents informed the Court that the writ petition is an outcome of the writ petitioner's malice and that the land in question is a private patta land. We therefore called upon the learned counsel for the petitioner to show any material to indicate the character of the land so as to enable us to issue a proper direction to the revenue authorities. No satisfactory reply was forthcoming. The petitioner has also not enclosed any material to indicate the character of the land in question.
3.Since the writ petition has been filed without any justificatory material, we dismiss the writ petition. No costs.
Sd/Assistant Registrar (P&A)
/True Copy/
Sub Assistant Registrar
To
SKM/ARUL
TE/GT/SAR-II : 09/08/2017 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/
W.P(MD)No.13997 of 2014
28.07.2017
1 issue framed by the court
Whether a writ petition for removal of encroachment should be dismissed where the petitioner fails to submit material indicating the character of the land.
1 provisions across 1 enactments
S.K.Senthilkumar
The District Collector, Tuticorin District
The Tahsildar, Kovilpatti Taluk
The Block Development Officer, Kovilpatti
The President, Thittankulam Village Panchayat
P.Ponnuthayee
K.K. Sasidharan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
