Petitioner filed a writ petition seeking Mandamus to direct respondents to remove encroachments by 5th respondent in a public pathway. Court disposed of petition giving 8 weeks to remove encroachments after affording opportunity to parties.
Direction to remove encroachments within 8 weeks via due process after affording opportunity to parties.
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.(MD) No.5434 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.5434 of 2020 and W.M.P.(MD)No.4728 of 2020
C.Alagumalai
... Petitioner
-Vs-
Page 1 of 4
W.P.(MD) No.5434 of 2020
Mullipallam 625 207, Vadipatti Taluk, Madurai District.
5.Kancheevanam
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to t to remove the encroachments made by the 5th respondent in public pathway in V.O.C.Street marked yellow in the village map (annexed in page No.3) in Survey No.553 of Mullipallam Village, Vadipatti Taluk, Madurai District.
For Petitioner : Mr.M.V.Venkataseshan For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader. For R5 : Mr.S.M.Mohan Gandhi
ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the 5th respondent in the public pathway in V.O.C.Street, situate at Survey No.553 of Mullipallam Village, Vadipatti Taluk, Madurai District.
Page 2 of 4
W.P.(MD) No.5434 of 2020
2 . Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4 submitted that there are some encroachments in the place in question and the same would be removed by the authorities concerned within a time frame, by due process of law, for which, the learned counsel for the petitioner is agreeable.
3 . Recording the above submission, this Writ Petition is disposed of
with a direction to the authorities concerned to remove the encroachment in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] & [J.S.N.P., J.] 09.11.2022
vsm Index : Yes / No Internet : Yes / No
Page 3 of 4
W.P.(MD) No.5434 of 2020
R.MAHADEVAN, J. AND J.SATHYA NARAYANA PRASAD, J.
VSM
To
W.P.(MD)No.5434 of 2020
09.11.2022
Page 4 of 4
2 issues framed by the court
Whether the petitioners are entitled to a direction to remove encroachments in the public pathway?
Whether the respondents must remove the encroachments by following due process of law?
1 provisions across 1 enactments
C.Alagumalai
The District Collector, Collectorate, Madurai District
The Tahsildhar, Vadipatti Taluk, Vadipatti, Madurai District
The Block Development officer, Vadipatti Taluk, Vadipatti, Madurai District
The President, Mullipallam Panchayat, Mullipallam 625 207, Vadipatti Taluk, Madurai District
R.MAHDEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
