M.Rayappan v. The District Collector
Case brief
What is this about?
Petitioners challenged notice for encroachment removal on cart track poramboke lands where title suit pending. Court permitted interim representation under proviso to Sec 28(ii) without adjudicating claims.
What did the court decide?
Petitioners permitted to submit representation/reply within two weeks; respondent to consider and pass orders within three weeks; stay on further action pending disposal.
What the court decided
A compact analysis
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 13.10.2020
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
WP.No.14417/2020 & WMP.No.17906/2020
1.M.Rayappan
2.P.Kathiresan
3.S.Mohanraj
4.R.Shanmugam ..Petitioners
Versus
1. The District Collector
Tiruppur, Tiruppur District.
2. The Divisional Engineer
State Highway, Tiruppur.
3. The Assistant Divisional Engineer
State Highway, Avinashi.
4. The Tahsildar
Tiruppur South Taluk
Tiruppur. ..Respondents
Prayer:- Writ petition filed under Article 226 of the
Constitution of India praying for issuance of a writ of
certiorari calling for the reocrds in
Ku.No.Aakiramipur/2020/E.Va.A dated 22.09.2020 on the file of
the 3rd respondent in SF.No.229/2 at Mangalam Village, Tiruppur
South Taluk, Tiruppur District and quash the same.
For Petitioners : Mr.S.Vinoth Kumar
For RR 1 to 4 : Mr.R.Vijayakumar
Additional Government Pleader
ORDER
- (1)By consent, the writ petition is taken up for final disposal and is disposed of by this order.
Issues for consideration
3 issues framed by the court
Whether notice issued under Section 28[2][ii] of Tamil Nadu State Highways Act, 2001 without disclosing provision of law can be quashed when suit for title is pending.
Whether petitioners entitled to seek stay on removal of encroachment while representation is processed under proviso to Section 28[2][ii] of Tamil Nadu State Highways Act, 2001.
Whether lands classified as cart track poramboke can be evicted without following due process of law.
Parties & counsel
- petitioner
M.Rayappan
- petitioner
P.Kathiresan
- petitioner
S.Mohanraj
- petitioner
R.Shanmugam
- respondent
The District Collector Tiruppur
- respondent
Case details
As recorded by the court registry
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