Petitioner sought writ directing officials to remove encroachment on a road. Court noted personal interest gaps and sufficient pathway existence, holding no direction required.
No direction required; petition disposed of.
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.
W.P.(MD)No.1476 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.1476 of 2020
Manuvel Raj
.. Petitioner Vs
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment and hindrance made in the Eesanthimangalam to Gnanadhasapuram Road in Re-survey No.237 of Eesanthimangalam Melur South Village, Thovalai Taluk, Kanyakumari District by considering the representation of the petitioner dated 01.01.2020.
For Petitioner : Mr.S.C.Herold Singh For respondents : Mr.R.Baskaran, Standing Counsel for State Government for R1 to R3 No Appearance for R4 to R8
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J. ]
We have heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner and Mr.R.Baskaran, learned Government Counsel appearing for the respondents 1 to 3.
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W.P.(MD)No.1476 of 2020
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
pkn
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned .
To:
Nagercoil, Kanyakumari District.
Thovalai Taluk Office, (Situated at Boothapandi),
Kanyakumari District.
+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-20633[F] dated 30/06/2021 )
W.P.(MD) No.1476 of 2020 28.06.2021
KK(06.07.2021) 2P 5C
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2 issues framed by the court
Whether the District Collector was directed to remove encroachment on the public road.
Whether a writ of mandamus was issued cognisant of the sufficient pathway availability.
Manuvel Raj
The District Collector, Nagercoil
The Revenue Divisional Officer, Nagercoil
The Thasildhar, Thovalai
T.S. Sivagnanam
S. Ananthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
