In a Writ Appeal challenging an order directing removal of an encroachment (concrete road) on owned land, the Court found no error in the single judge's order given that authorities had already initiated removal actions. The appeal, filed to stall proceedings, was dismissed.
The Writ Appeal is dismissed. No costs.
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:01.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.2180 of 2021 and C.M.P.No.13768 of 2021
The President, Eachempatti Village, Kallakurichi Panchayat, Senthamangalam Taluk, Namakkal District. ...Appellant/Respondent No.4
Vs.
.. Respondents 2 to 4 / Respondents 1 to 3
Prayer : Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 29.04.2021 passed in W.P.No.17489 of 2020 and to allow the above writ appeal.
Prayer in WP 17489 of 2020 : Petition filed under Article 226 of the constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to Third respondents to remove the concrete road laid in Survey No.23/3 by the fourth respondent in the petitioner's patta land in plot Nos.36, 48, 59 and 69 of Echampatti Village, Kallakurichi Panchayat, Senthamangalam Taluk, Namakkal District in view of the petitoner's petition No.2020/9005/09/803132/1006, dated.06.10.2020.
For Appellant : Mr.C.Prabakaran For Respondent-1 : Mr.T.Balaji For Respondents-2 to 4 : Mr.T.N.C.Kaushik State Government Counsel
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The writ appeal is filed by the President of the Kallakurichi Panchayat, challenging the order dated 29.04.2021 passed in W.P.No.17489 of 2020.
Sd/-
Assistant Registrar(CS IX) //True Copy//
Sub Assistant Registrar
srn/sp
To
+1CC to Mr.W.Camyles Gandhi, Advocate, Sr.No.43768
W.A.No.2180 of 2021 and C.M.P.No.13768 of 2021
SRA (CO) K.RK. (28.09.2021)
3 issues framed by the court
Whether the Writ Appeal filed to stall removal proceedings warrants interference by this Court given prior officer action.
If any error or defect exists in the order of the learned single judge directing removal of encroachment.
What is the final disposition of the Writ Appeal challenging the removal order.
2 provisions across 2 enactments
PRESIDENT, EACHEMATTI VILLAGE, KALLAKURICHI PANCHAYAT
S. CHANDRASEKAR
DISTRICT COLLECTOR
ASSISTANT DIRECTOR (LAND SURVEY)
BLOCK DEVELOPMENT OFFICER
PUSHPA SATHYANARAYANA
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
