High Court dismissed a writ petition seeking removal of encroachment. The court held the dispute was private and directed parties to file a civil suit instead.
Liberty filed civil suit. Present writ petition 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: 13.9.2019
CORAM
THE HONOURABLE DR.JUSTICE VINEET KOTHARI
AND
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.6029 of 2018
K.PE.Arumugam
Petitioner
Versus
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to remove the encroachment made by respondents 6 and 7 in S.Nos.578/1 and 575/1, Patharai Village, Sowdapuram Post 638 008, Kumarapalayam Taluk, Namakkal District.
| For | petitioner |
: Ms.R.Hemalatha for Mr.C.Prakasam |
|---|---|---|
| For | R1 to R4 |
: Mr.S.N.Parthasarathy, Govt. Advocate |
| For | R6 |
: Mr.V.Balamurugane |
ORDER
(Order of the court was made by Dr.VINEET KOTHARI, J.)
Looking into the nature of the dispute and the site photographs, it appears that there are private disputes between the petitioner, K.PE.Arumugam son of Palaniappan and the Respondent No.6, Anbhazhagan, son of Duraisamy and Respondent No.7, Selvam. Therefore, with a liberty to the parties to file civil suit in the matter, the present writ petition is disposed of. No costs.
Sub Asst. Registrar
ssk.
To:
W.P.No.6029 of 2018
mg(co) aa18/10/2019
1 issue framed by the court
Whether a writ of mandamus is maintainable in a private dispute over land encroachment.
1 provisions across 1 enactments
K.PE.Arumugam
The District Collector, Namakkal District
Anbhazhagan
Selvam
VINEET KOTHARI
C.SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
