The petitioner sought a writ mandamus to remove alleged encroachments blocking a public pathway in Erode. After reviewing enclosed photographs, the court concluded that no encroachment existed as the road was passable even by heavy vehicles, leading to the dismissal of the petition.
The writ petition was dismissed with no costs against the respondents.
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. No.31549 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P. No.31549 of 2022
K.Nantha Kumar
... Petitioner
Vs
7.S.R.Thangarasu ... Respondents
Page 1 of 4
W.P. No.31549 of 2022
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachments made by respondents 6 and 7 in the Nilaviyal vandi Pathai situated in New Survey No.15/1 Sullipalayam Village, Perundurai Taluk in Erode district by considering petitioner representation dated 09.09.2022 and enable the public to access the pathway.
For the Petitioner :: Mr.P.Rajadurai
For the Respondents :: Mr.J.Raveendran, Additional Advocate-General, assisted by Mr.S.Selvendran, Spl.G.P., for respondents 1 to 5
ORDER
(Made by the Hon'ble Acting Chief Justice)
This writ petition has been filed praying for a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachments made by respondents 6 and 7 in the ‘Nilaviyal Vandi Pathai’ situated in New Survey No.15/1 Sullipalayam Village, Perundurai Taluk in Erode district by considering petitioner’s representation dated 09.09.2022 and enable the public to access the pathway.
Page 2 of 4
W.P. No.31549 of 2022
there is no encroachment at all. Indeed, we could see cart track, and in our view, even a heavy vehicle could travel in the said road easily. Agriculturists and farmers will have an easy transport of their commodities in this road.
this writ petition. The writ petition fails and the same is dismissed. No costs.
(T.R., ACJ.) (D.B.C., J.) 05.12.2022
Index: Yes/No tar
To
Page 3 of 4
W.P. No.31549 of 2022
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar)
W.P. No.31549 of 2022
05.12.2022
Page 4 of 4
1 issue framed by the court
Whether the state is obligated to remove alleged encroachments blocking public access based on photographic evidence that contradicts the existence of such blockage.
K.Nantha Kumar
The District Collector Erode District
K.Subramanian
S.R.Thangarasu
T.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
