The Court granted an additional week for further affidavits, noting a jurisdictional deadlock between the Revenue Department and PWD regarding land titles before hearing the Principal Secretary.
Further affidavits filed by the third respondent on 28.08.2019; Principal Secretary, PWD directed to appear.
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.
WP(MD). No.23358 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Tuesday, the Thirteenth day of August Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice M.SATHYANARAYANAN
AND
The Hon`ble Mr Justice B.PUGALENDHI
WP(MD). No.23358 of 2017
DHEIVAM,
... Petitioner
Vs
1.The District Collector, Madurai.
2.The Commissioner,
Madurai Corporation, Madurai
Public Works Department, Tallakulam,Madurai
Rep. By its Managing Partner Mr.Lakshmanakuamar.Opp.to M.G.R. Bus stand , (Mattuthavani Bus Stand)Madurai
... Respondents
Prayer :-
This petition filed under article 226 of Constitution of India directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in Survey No.134/2A1 situate at Thallakulam village, Madurai North Taluk forthwith by considering the representation of the petitioner dated 04.09.2017.
ORDER : This Petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. J.Guna Seelan Muthaiah Additional Government Pleader for R1 to R3 and of Mr.K. Prabhu, Advocate for ISAAC CHAMBERS for R4, the Court made the following order
(Order of this Court was made by M.SATHYANARAYANAN, J)
The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the Executive Engineer, WRO, PWD, Periyar Vaigai Basin Division, Madurai – 625 002 has sent a communication dated 05.08.2019, to the Tahsildar, Madurai North, requesting him to issue Form – I with regard to encroachment in Tallakulam Puthukulam Konmai for the purpose of removal of encroachment and the report of the Tahsildar, Madurai North is https://hcservices.ecourts.gov.in/hcservices/ awaited.
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WP(MD). No.23358 of 2017
2.The third respondent has also filed an affidavit dated 07.08.2019 and it is relevant to extract paragraph No.3 of the said affidavit:
“3. I respectfully submit that subsequently, I sent notice to 2nd respondent Madurai Corporation Town Surveyor to survey the property and issue Form I. Subsequently on 23.07.2019 survey was made. But still now, Form I not issued by Town Surveyor. I sent reminder to Madurai Corporation on 26.07.2019. But they sent to reply on 30.07.2019 stating that Revenue Department competent authority to issue Form I. Following Corporation reply, I sent letter to Tahsildar, Madurai, North Taluk to issue Form – I. It is current position.”
3.Call on 28.08.2019 for filing further affidavit of the third respondent with supporting documents as to the latest position.
4.It also appears from the submissions made by the respective learned counsel appearing for the official respondents that they are not even aware of whose land on which encroachments have been made and started putting blames upon each other. In the present scenario, the Principal Secretary, Public Works Department, Government of Tamil Nadu is directed to appear before this Court on 28.08.2019 to assist this Court.
Sd/-
Assistant Registrar(CS-I)
// True Copy //
Sub Assistant Registrar(CS)
To
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WP(MD). No.23358 of 2017
5.M/s.Group of Temple City Rep. By its Managing Partner Mr.Lakshmanakuamar.Opp.to M.G.R. Bus stand , (Mattuthavani Bus Stand)Madurai
ORDER DATED : 13/08/2019 HEARING DATE : 28/08/2019 ========================== ORDER ========================== WP(MD). No.23358 of 2017 KM(CO) TR (26.08.2019) 3P 6C
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1 issue framed by the court
Whether a Writ of Mandamus should be issued directing the respondents to remove encroachment pending resolution of jurisdictional disputes between Revenue and PWD.
1 provisions across 1 enactments
DHEIVAM
The District Collector, Madurai
The Commissioner, Madurai Corporation, Madurai
The Executive Engineer, Public Works Department, Tallakulam, Madurai
M/s.Group of Temple City
The Principal Secretary, Public Works Department, Government of Tamil Nadu
M.SATHYANARAYANAN
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
