The High Court disposed of the writ petition filing under Article 226, directing respondent authorities to remove encroachment after serving notice within six weeks, acknowledging no prior action was taken despite a pending proceeding.
Direction to respondent authorities to remove encroachments after serving notice to encroachers within six weeks.
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.11657 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.11657 of 2023
Anitha
.. Petitioner
Vs
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W.P.No.11657 of 2023
6.Srinivasan 7.Namasivayam 8.Krishnamoorthy 9.Thirasukkannu 10.Balasamundeeswari 11.Manivasagam 12.Palanivel 13.Manikandan 14.Selvi 15.Rajendiran 16.Ramachandran 17.Siva 18.Thulasi 19.Thavamani 20.Ramalingam 21.Pugelzenthi 22.Kannusamy 23.Pappayal
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove the encroachment bearing Survey No.66, 294-1, 292-1, 293-1, 291, 1295-37-2-3 of Pinnalur Panchayat, Srinivasapuram Village, Puvanagiri Taluk, Cuddalore District and consequently directing respondents 1 to 4 to consider petitioner's representation dated 15.06.2020.
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W.P.No.11657 of 2023
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice)
Anitha, wife of Poiyamozhi, a resident of Srinivasapuram, Pinnalur, Puvanagiri Taluk, Cuddalore District, has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 to 4 to remove the encroachment in Survey Nos.66, 294-1, 292-1, 293-1, 291, 1295-37-2-3 of Pinnalur Panchayat, Srinivasapuram Village, Puvanagiri Taluk, Cuddalore District and to consequently direct respondents 1 to 4 to consider petitioner's representation dated 15.06.2020.
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W.P.No.11657 of 2023
notice on behalf of respondents 1 to 5, would submit that action has already been initiated by the respondent authorities and today (18.4.2023) the revenue authorities are conducting a survey of the lands in question. He further submitted that, if six weeks' time is granted, the respondent authorities will remove the encroachments after issuing notice to the encroachers.
Recording the aforesaid submission made by learned State Government Pleader, this writ petition is disposed of with a direction to the respondent authorities to remove the encroachments over the land in question after issuing notice to the encroachers. The entire exercise is to be completed within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs. Consequently, W.M.P.No.11560 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 18.04.2023 Index : No Neutral Citation : No sasi
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W.P.No.11657 of 2023
To:
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W.P.No.11657 of 2023
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.P.No.11657 of 2023
18.04.2023
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1 issue framed by the court
Whether writ of mandamus can be issued to direct the state authorities to remove encroachment on the petitioner's land.
Anitha
The District Collector, O/o Collectorate Office, Cuddalore District
The District Revenue Officer, Cuddalore District
The Block Development Officer, Puvanagiri
The Tahsidar, Puvanagiri Taluk
The Inspector, J-1, Sethiyathoppu Police Station
T.RAJA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
