This writ petition challenged the alleged encroachment over a public pathway in Kallakurichi District. The court examined the 'A' Register classification and found the land was cited as 'Tharisu' without evidence of public pathway status, leading to dismissal of the petition.
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.10828 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.10828 of 2023
K.Aathimoolam
.. Petitioner
Vs
6.Ramasamy .. Respondents
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W.P.No.10828 of 2023
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to take appropriate action to remove the encroachment caused over the public pathway existing in Survey No.336/2 of Vadakananthal Post, Chinna Salem Taluk, Kallakurichi District-606 207.
For the Petitioner : Mr.M.Karthikeyan
For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondents 1,2,3 & 5
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice)
K.Aathimoolam, son of Krishnan, a resident of Chinna Salem Taluk, Kallakurichi District, has filed this writ petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to take appropriate action to remove the encroachment caused over the public pathway
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W.P.No.10828 of 2023
existing in Survey No.336/2 of Vadakananthal Post, Chinna Salem Taluk, Kallakurichi District-606 207.
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W.P.No.10828 of 2023
pathway is unsubstantiated. He, accordingly, prayed for dismissal of the writ petition.
For the foregoing reasons, the writ petition is dismissed. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 11.04.2023 Index : No Neutral Citation : No sasi
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W.P.No.10828 of 2023
To:
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W.P.No.10828 of 2023
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.P.No.10828 of 2023
11.04.2023
___________ Page 6 of 6_
3 issues framed by the court
Whether public pathway existing in Survey No.336/2 at Vadakananthal Post is encroached by a private individual.
Whether the land in S.No.336/2 is classified as 'Tharisu' rather than a public pathway in the 'A' Register.
Whether respondents 1 to 5 should be directed to remove the alleged encroachment over the public pathway.
1 provisions across 1 enactments
K.Aathimoolam
District Collector, Kallakurichi District
Revenue Divisional Officer, Kallakurichi
Thasildar, Chinna Salem
Block Development Officer, Chinnasalem
Executive Officer, Vadakananthal Village
T.RAJA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
