In a PIL, a practicing advocate sought mandamus to cancel patta granted to a 4th respondent for alleged encroachment on a common pathway. The Court found the petitioner's representations bereft of materials and directed parties to use RTI to ascertain the fate of earlier representations before taking action.
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 06.11.2020
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
WP.No.15730 of 2020
Dhanapal .. Petitioner
Vs
1.The Revenue Divisional Officer, .. Respondents
Namakkal.
2.The Thasildar,
Rasipuram,
Namakka District.
3.The Commissioner,
Rasipuram Municipality Corporation,
Namakkal District.
4.VijayaKumar
Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents 1 and 2 to cancel the illegal patta stands in favour of the 4th respondent for encroached common pathway and subsequently direct the respondents to remove the encroachment put forth by the 4th respondent on common pathway comprised in town survey no.43/0 situated at Rasipuram town, Namakkal District pursuant to his representation dated 25.08.2020.
For Petitioner : Mr.A.G,Narasimhan
For Respondents : Mr.R.Vijayakumar
Additional Government Pleader for R1 to R3
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,]
This Writ Petition is styled as a Public Interest Litigation and the petitioner claims to be a practicing Advocate before the Court of Subordinate Judge at Rasipuram and according to him, he is a resident of Door No.1/38A, Kaatur Road, Rasipuram, Namakkal District.
2 issues framed by the court
Whether to direct respondents to cancel patta stands and remove encroachment on common pathway.
Whether petitions submitted regarding false particulars and encroachment require disposal.
Dhanapal
The Revenue Divisional Officer, Namakkal
The Thasildar, Rasipuram, Namakkal District
The Commissioner, Rasipuram Municipality Corporation, Namakkal District
VijayaKumar
M.SATHYANARAYANAN
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
