High Court dismissed a petition challenging school building encroachment. The court noted a counter-affidavit denied encroachment, owning that no further adjudication was required.
Petition disposed of with observation that no direction to remove encroachment was required due to respondent's denial.
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: 28.11.2018 CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.[MD]No.12946 of 2018
M.Xavier Irudayaraj
: Petitioner
Vs.
The District Collector,
Madurai District, Madurai.
4.S.Ashraf Alikhan : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to remove the encroachment in the scheme road in T.S.No.1610/2 situated at Ansari Nagar 4th Street, Ward No.17, Mahaboopalyam, Madurai-16 made by the fourth respondent's school and consequently, directing the respondent Nos.1 and 3 to take appropriate action against the fourth respondent's school on the basis of the petitioner's representation dated 19.05.2018.
For Petitioner : Mr.M.Silambarasan
For Respondent No.1 : Mr.M.Rajarajan, Government Advocate For Respondent No.2 : Mr.R.Prabu Ramachandran For Respondent No.3 : Mrs.S.Srimathy, Special Government Pleader
For Respondent No.4 : Mr.R.Vijayakumar
**O R D E R *************
[ Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition in pro bono publico to direct the Commissioner, Corporation of Madurai, to take action https://hcservices.ecourts.gov.in/hcservices/ against the fourth respondent and to remove the encroachment.
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Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar(CS-II)
To
SML
KM/PM/SAR1/11.12.2018/2P/7C
Order made in W.P.[MD]No.12946 of 2018 Dated: 28.11.2018
1 issue framed by the court
Whether the writ court should direct the corporation to remove encroachment when the respondent contested the encroachment allegation.
M.Xavier Irudayaraj
State rep. by The District Collector, Madurai District, Madurai
The Commissioner, Corporation of Madurai, Madurai
The District Elementary Education Officer
S.Ashraf Alikhan
K.K.SASIDHARAN
P.D.AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
