The High Court quashed an order by the Tahsildar regarding an alleged encroachment for not examining revenue records. The Court directed a fresh enquiry with notice to parties.
Quashment of the order dated 17.03.2014 and direction to conduct an enquiry with notice and pass a speaking order within three months.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2021 CORAM :
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.P(MD).No. 5693 of 2021
Vs
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ or order or direction in the nature of Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made in S.F. No.340/2016 to an extent of 1 cent in public pathway Ettarai Way (,l;liw ghij) of Thirukkalambur Village, Ponnamaravathi Taluk, Pudukkottai District made by the respondents 5 & 6 by considering the petitioner's representation dated 16.12.2020.
For Petitioners : Mr.K. Baalasundharam For R-1 to R-4 : Mr.R. Baskaran, Standing Counsel for Government For R-5 & R-6 : Mr.G. Mathavan
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ORDER
[Order of the Court was made by T.S. SIVAGNANAM, J. ]
This writ petition has been filed praying for issuance of writ of mandamus to direct the respondents 1 to 3 to remove the encroachment made in S. No.340/2016 measuring to an extent of 1 cent, which according to the petitioner is a public pathway (,l;liw ghij) of Thirukkalambur Village, Ponnamaravathi Taluk, Pudukkottai District, by considering the representation.
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Sd/-
Assistant Registrar (AE)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
ksa/rm
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
Pudukkottai District.
W.P(MD).No. 5693 of 2021
07.06.2021
KB(16.06.2021) 3P 5C
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2 issues framed by the court
Whether the 3rd respondent's order regarding encroachment was correct in procedure.
Whether the Tahsildar could have examined revenue records and conducted a comprehensive enquiry.
G. Suresh Kumar
Chellakannu Rawuthar
The District Collector, Pudukkottai
The Revenue Divisional Officer, Pudukkottai
The Tahsildar, Ponnamaravathi Taluk
Mahamatha Begam
T.S. Sivagnanam
S. Ananthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
