This petition challenged the encroachment on a Municipal Public Road. The Court urged the Petitioner to avail a specific remedy provided by a prior Government Order and disposed of the petition.
The Petitioner was directed to avail the remedy provided under G.O.(Ms.) No.540; the Petition was disposed of.
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: 17.9.2019
CORAM
THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.27319 of 2019
K.Gobinath Petitioner
Versus
1. The Commissioner of Municipal
Administration, Chepauk,
Chennai 600 005.
2. The District Collector,
Coimbatore District,
Coimbatore.
3. The Superintendent of Police,
Coimbatore Rural,
Coimbatore.
4. The Commissioner,
Mettupalayam Municipality,
Mettupalayam.
5. The Tahsildar,
Mettupalayam Taluk,
Mettupalayam. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Respondents to remove the encroachment made in the Municipal Public Road viz., Ramappa Gowder Itteri Veedhi, Mettupalayam Municipality, Coimbatore District, by considering the representation submitted by the Petitioner dated 8.2.2019 and consequently ensure that the Ramappa Gowder Itteri Veedhi is free from encroachments and to ensure free flow of traffic.
For petitioner : Mr.G.Sankaran
For R1 to R3 & R5 : Mr.Kamalesh Kannan, Govt. Advocate For R4 : Mr.M.Venugopal
ORDER
(Order of the court was made by C.SARAVANAN, J.)
The Petitioner filed the present PIL Writ petition for a
mandamus directing the Respondents to remove the encroachment made in the Municipal Public Road viz., Ramappa Gowder Itteri Veedhi, Mettupalayam Municipality, Coimbatore District, by considering the representation submitted by the Petitioner dated 8.2.2019 and consequently ensure that the Ramappa Gowder Itteri Veedhi is free from encroachments and to ensure free flow of traffic.
+1cc to Mr.G.Sankaran, Advocate, S.R.No. 80003 +1cc to Mr.M.Venugopal, Advocate, S.R.No. 79658
+1cc to the Government Pleader, S.R.No. 80170
W.P.No.27319 of 2019
VBA(CO) GN(30/09/2019)
2 issues framed by the court
Whether the Municipal Public Road Ramappa Gowder Itteri Veedhi is free from encroachments.
Whether the Respondents are directed to remove the encroachments.
K.Gobinath
The Commissioner of Municipal Administration, Chepauk
The District Collector, Coimbatore District
The Superintendent of Police, Coimbatore Rural
The Commissioner, Mettupalayam Municipality
The Tahsildar, Mettupalayam Taluk
DR.JUSTICE VINEET KOTHARI
MR.JUSTICE C.SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
