Dismissed

A.M.P. Shunmugavel v. the District Collector

Madras HC21 Dec 2022WP(MD)/19796/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a Writ Petition under Article 226 seeking removal of encroachment on alleged Government porambokku land. The court held the petition lacked substance due to non-joinder of necessary parties, as the land was found to be private patta land.

What did the court decide?

This Writ Petition stands dismissed, however, liberty is granted to the petitioner to approach the authority concerned, seeking removal of the encroachment.

A.M.P. Shunmugavel Vs the District Collector — Property and Title | Madras HC (2022)

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W.P.(MD) No.19796 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.12.2022

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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.19796 of 2013

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A.M.P.Shunmugavel ... Petitioner

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-Vs-

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1.The District Collector, Tuticorin District.

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2.The Executive Officer, Town Panchayat, Vilathikulam, Tuticorin District.

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3.Kaliappan ... Respondents

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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 and 2 to remove the encroachment and unauthorized construction by any trespasser like the said Kaliappan encroaching the public path of Government porambokku land leading to S.No.37/4A of Vilathikulam Taluk, Tuticorin District by considering the

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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.19796 of 2013

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petitioner's representation dated 05.12.2012 to the 1^st respondent within a time frame that may be stipulated by this Court.

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For Petitioner : Mr.N.Ananthkumar For R1 & R2 : Mr.M.Sarangan, Additional Government Pleader For R3 : Mr.M.Subash Babu

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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, directing the respondents 1 and 2 to remove the encroachment and unauthorized construction by any trespasser like the 3^rd respondent by encroaching the public pathway in the Government poramboke land in S.No.37/4A, Vilathikulam Taluk, Tuticorin District, by considering the petitioner's representation dated 05.12.2012 given to the 1^st respondent within a time frame that may be stipulated by this Court.

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2.Today, when the matter was taken up for hearing, the learned Additional Government Pleader for the respondents 1 and 2 has produced the

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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.19796 of 2013

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proceedings of the 2^nd respondent dated 20.12.2022 in Na.Ka.No.154/2011, addressed to him and submitted that S.No.37/4A is sub-divided into Survey No.37/4A1A1A1, which is nothing but a private patta land standing in the name of one Shanmugalakshmi and 9 others. He further submitted that the 3^rd respondent has made an encroachment in Survey No.541, which is classified as “rh;f;fhh; Gwk;Nghf;F neLQ;rhiy”and they are not made as party in this Writ Petition.

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3.In view of the above, we are of the view that the petitioner, without verifying that the land belongs to the Highways Department, filed this instant Writ Petition. Therefore, this Writ Petition has no substance for the reason of non-joinder of necessary party. Accordingly, this Writ Petition stands dismissed, however, liberty is granted to the petitioner to approach the authority concerned, seeking removal of the aforesaid encroachment made by the 3^rd respondent. No costs.

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[D.K.K., J.] & [R.V., J.] 21.12.2022

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Index : Yes / No Internet : Yes / No 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.19796 of 2013

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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, Tuticorin District.

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2.The Executive Officer, Town Panchayat, Vilathikulam, Tuticorin District.

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W.P.(MD)No.19796 of 2013

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21.12.2022

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Page 4 of 4

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

A.M.P. Shunmugavel v. the District Collector

Case brief

What is this about?

What did the court decide?

A.M.P. Shunmugavel 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

Statutes considered

Parties & counsel

Coram

Case details

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