In a writ petition concerning the physical possession of encroached land, the Court accepted the Advocate Commissioner's report stating that the dispute was resolved as respondents constructed a compound wall. The Court closed the petition.
The Writ Petition and connected miscellaneous petitions are closed. No costs.
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 : 05.09.2018
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.8326 of 2018 and M.P.(MD).Nos.7891 and 7892 of 2018
K.Damodharan, Secretary, Selva Dhamodaran Elementary Higher Secondary School, run by Ayyamperumal Konar Trust, rep. by its Power Agent, C.Kaliyaperumal, 37, Kajamalai Main Road, R.S.Puram, Tiruchirapalli.
...Petitioner
Vs.
1.The Director General of Police, Chennai – 600 004.
2.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli – 20.
3.The Deputy Commissioner of Police, (Law and Order), Tiruchirapalli.
4.The Assistant Commissioner of Police, Cantonment Range (L & O), Tiruchirapalli.
5.The Assistant Commissioner of Police, Armed Reserve Police, Tiruchirapalli. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 22.12.2017 and consequently direct the respondents to implement the proceedings of the 1st respondent in https://hcservices.ecourts.gov.in/hcservices/ R.C.No.Bldgs II(1)/403/ 167889/2008, dated 27.08.2008 and comply the orders passed by the Hon'ble High Court of Madras-Madurai
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Bench in W.P.(MD).No.4588/2009, dated 28.08.2009 and W.A.(MD). No.144 of 2010, dated 19.07.2010 within a specified time to be fixed by this Court.
For Petitioner : Ms.L.Victoria Gowri For respondents : Mr.A.Thiyagarajan, Government Advocate
Advocate Commissioner : Mr.Ganapathi Subramanian
ORDER
When this Writ Petition came up for hearing today, it is submitted by the learned counsel appearing for both sides as well as the learned Advocate Commissioner that alleging that the respondents 2 to 5 have not given physical possession of the encroached land of the petitioner, even after the direction issued by this Court in the earlier round of litigations and also direction issued by the first respondent, the petitioner has filed this writ petition and therefore, this Court had appointed an Advocate Commissioner and now, the respondents have put up a compound wall in their property and thereby, handed over possession of the land to the petitioner and therefore, the dispute among them is resolved and nothing survives for adjudication in this writ petition. The learned Advocate Commissioner has also filed his report to that effect with photographs.
// True Copy //
Sub Assistant Registrar(CS-II)
To
1.The Director General of Police, Chennai – 600 004.
2.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli – 20.
https://hcservices.ecourts.gov.in/hcservices/ 3.The Deputy Commissioner of Police, (Law and Order), Tiruchirapalli.
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4.The Assistant Commissioner of Police, Cantonment Range (L & O), Tiruchirapalli.
5.The Assistant Commissioner of Police, Armed Reserve Police, Tiruchirapalli.
gcg BU/PK/SAR-II : 03.10.2018 : 3P/7C
Order made in W.P(MD)No.8326 of 2018 05.09.2018
1 issue framed by the court
Whether the dispute regarding encroached land possession is resolved after the respondents constructed a compound wall.
K.Damodharan
Director General of Police, Chennai
Commissioner of Police, Tiruchirapalli
Deputy Commissioner of Police, Tiruchirapalli
Assistant Commissioner of Police, Cantonment Range
Assistant Commissioner of Police, Armed Reserve Police
Justice J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
