Petitioner filed a writ seeking mandamus to direct authorities to remove a road obstruction caused by a third respondent. Court recorded representation to remove encroachment within four weeks.
Direction to respondents to survey and measure the road and remove the encroachment within four weeks after giving notice.
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.32863 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.32863 of 2022
S.Shanthi
.. Petitioner
vs
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 1 and 2 to consider and dispose of the representation made by the petitioner on 5.8.2022 for requesting respondents 1 and 2 to take immediate action to remove the obstruction made by the third respondent, Mari, son of Murugesan, in the public road based upon the report of the Special Tahsildar, Adi Dravidar Welfare, within a stipulated time.
Page 1 of 5
W.P.No.32863 of 2022
For the Petitioner : Mr.A.Lakshmi Narasimhan
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice)
This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 and 2 to consider and dispose of the representation of the petitioner dated 5.8.2022 and to take action to remove the obstruction made by the third respondent in the public road.
has illegally obstructed the public road by putting up a toilet with thatched house thereby causing nuisance to the inhabitants of the locality. Therefore, the petitioner has submitted a representation to the respondent authorities to remove the obstruction made by the third respondent. Pursuant to the representation made by the petitioner, an enquiry was conducted by the Tahsildar, who
Page 2 of 5
W.P.No.32863 of 2022
confirmed the encroachment made by the third respondent on the road in question. However, further action to remove the encroachment was not taken, which necessitated the petitioner to submit another representation dated 5.8.2022 to respondents 1 and 2. Despite receipt of the said representation, no action was taken by respondents 1 and 2 till date. Hence, the petitioner was advised to file the present writ petition.
___________ Page 3 of 5_
W.P.No.32863 of 2022
receipt of a copy of this order, after notice to all concerned. There
will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 08.12.2022 Index : Yes/No bbr
To:
Page 4 of 5
W.P.No.32863 of 2022
T.RAJA, ACJ. AND D.BHARATHA CHAKRAVARTHY, J.
bbr
W.P.No.32863 of 2022
08.12.2022
___________ Page 5 of 5_
1 issue framed by the court
Whether respondent authorities are bound to act upon representation to remove public obstruction within a stipulated time.
1 provisions across 1 enactments
S.Shanthi
District Collector Villupuram
Tahsildar Thiruvennainallur
Mari
T.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
