Dismissed

Gopi v. the District Collector

Madras HC16 Dec 2022WP(MD)/13874/2020

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 seeking Mandamus to direct respondents to remove encroachment in public pathways and restrain private persons. The court found the disputed land stands in private names with joint patta issued and 'A' Register indicating private patta land.

What did the court decide?

None. Writ petition dismissed with liberty to approach the concerned forum for appropriate relief.

Gopi Vs the District Collector — Property and Title | Madras HC (2022)

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W.P.(MD) No.13874 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.13874 of 2020 and W.M.P.(MD)No.11523 of 2020

Gopi

... Petitioner

-Vs-

1.The District Collector, Thoothukudi District, Thoothukudi.

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2.The Block Development Officer, Tiruchendur Panchayat Union, Thoothukudi District.

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3.The Block Development Officer, Udangudi Panchayat Union, Thoothukudi District.

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4.M.Rajendran

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5.S.Mohamed Ibrahim

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... Respondents

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.13874 of 2020

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PRAYER:

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment in the public pathways in Survey No.363/14 at Kayamozhi Village and in Survey No.564/1, Paramankurichi Village, Tiruchendur Taluk, Thoothukudi District and consequently, direct the respondents 1 to 3 to forbear the respondents 4 and 5, their men or anyone to encroach the property in further.

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For Petitioner : Mr.K.Navaneetharaja For R1 and R3 : Mr.V.Nirmal Kumar, Government Advocate For R2 : Mr.N.Shanmugaselvam For R4 : No Appearance For R5 : Mr.M.Saravanan

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ORDER

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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This Writ Petition is filed, seeking issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment in the public pathways in Survey No.363/14 at Kayamozhi Village and in Survey No.564/1, Paramankurichi Village, Tiruchendur Taluk, Thoothukudi District and consequently, to direct the respondents 1 to 3 to forbear the respondents 4 and 5, their men or anyone to encroach the property in further.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.13874 of 2020

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2.Today, when the matter was taken up for hearing, the learned Government Advocate for the respondents 1 and 3 has produced the proceedings of the 3^rd respondent dated 20.09.2022 addressed to him and submitted that the property comprised in Survey No.564/1 stands in the name of private persons and joint patta has also been issued and 'A' Register also clearly shows that it is nothing but a private patta land.

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3.In the light of the above, we are not inclined to entertain this Writ Petition. Accordingly, this Writ Petition stands dismissed with liberty to the petitioner to approach the concerned forum for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.

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[D.K.K., J.] & [R.V., J.] 16.12.2022

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Index : Yes / No Internet : Yes / No

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Myr

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.13874 of 2020

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D.KRISHNAKUMAR, J.

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AND

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R.VIJAYAKUMAR , J.

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Myr

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1.The District Collector,

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Thoothukudi District, Thoothukudi.

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2.The Block Development Officer, Udangudi Panchayat Union, Thoothukudi District.

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W.P.(MD)No.13874 of 2020

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16.12.2022

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

Gopi v. the District Collector

Case brief

What is this about?

What did the court decide?

Gopi v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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