R.Arumugam v. the District Collector
Case brief
What is this about?
Writ petition seeking injunction against interference with a disputed pathway. Court held title disputes must be decided in Civil Court, not via Article 226, as Government was not a party to the underlying suit.
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 : 18.12.2020
C O R A M
The HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
Writ Petition No.20760 of 2009 & M.P.No.1 of 2009
(Through Video Conferencing)
- R.Arumugam (Deceased)
2. Sampoornam
3. Mallika
4. Thangamani
5. Chandra
6. S.A.Subramaniam .. Petitioners
(P2 to P6 are substituted as LRs of
deceased (P1-Arumugam) as per court
order dated 05.08.2009 in WMP.No.20862/2019
in W.P.No.20760 of 2009)
vs
1. The District Collector,
Erode District.
2. The Thasildar,
Erode & District.
3. The Village Administrative Officer,
Punjai Kalamangalam Village,
P.K.Velampalayam,
Muthayeepalayam,
Erode & District.
4. The President,
Punjai Kalamangalam Panchayat,
Erode & District
5. Lakshmi .. Respondents
(Impleaded as per order dated 18.12.2019 made in
WMP No.26664 of 2019 in W.P.No.20760 of 2009)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus forbearing the respondents from interfering with the peaceful
Issues for consideration
2 issues framed by the court
Whether civil court proceedings under Article 226 are appropriate to adjudicate disputed questions of fact regarding title to a pathway classified as government property.
Whether the judgment of a civil suit obtained in the absence of the Government is binding on the Government regarding title to the property.
Parties & counsel
- petitioner
R.Arumugam Deceased
- petitioner
Sampoornam
- petitioner
Mallika
- petitioner
Thangamani
- petitioner
Chandra
- petitioner
Case details
As recorded by the court registry
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