Dismissed

Athimoolam v. The District Collector

Madras HC25 Apr 2023WP/12747/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226, the petitioner sought mandamus directing revenue officials to remove alleged encroachment by others on a street. The Court held that since the nature of the land is a disputed question of fact regarding whether it is public or private, it cannot be adjudicated in this writ petition.

What did the court decide?

Writ petition dismissed with no costs; notice to respondents 4-6 dispensed with.

Athimoolam Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P. No. 12747 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.04.2023

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CORAM

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THE HON'BLE MR. JUSTICE S. VAIDYANATHAN

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AND

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THE HON'BLE MRS. JUSTICE R. KALAIMATHI

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W.P. No. 12747 of 2023

Athimoolam

..Petitioner

Vs.

The District Collector, Cuddalore District, Cuddalore.

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The Revenue Tahsildar, Veppur Taluk, Cuddalore District.

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Block Development Officer, Mangalore Union, Cuddalore District.

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Subramaniyan

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Duraimurugan

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Pattu ..Respondents

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1\4

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

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Prayer:

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W.P. No. 12747 of 2023

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Prayer: Petition under Article 226 of the Constitution of India praying

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for issue of a Writ of Mandamus directing respondents 1 to 3 to remove the unauthorised encroachment of the street, bearing Survey No. 649, Natham Sarkar Porambokku Land for an extent of 01038 square meter situated at Orangure Village, Veppur Taluk, Cuddalore District, by considering the representation of the petitioner dated 06.03.2023 on the file of first respondent.

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For Petitioner :: Mr.A.Dhanabalakrishnan For Respondents :: Mr.P. Muthukumar, State Government Pleader for R1 to R3

O R D E R

S. VAIDYANATHAN,J.

AND

R. KALAIMATHI,J.

The writ petition is filed for issue of a Writ of Mandamus directing respondents 1 to 3 to remove the unauthorised encroachment of the street, bearing Survey No. 649, Natham Sarkar Porambokku Land to an extent of 01038 square meter situated at Orangure Village, Veppur Taluk, Cuddalore District, by considering the representation of the petitioner dated 06.03.2023

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2\4

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

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W.P. No. 12747 of 2023

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on the file of first respondent.

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The grievance of the petitioner is that though the people of his village have been using the land (Sarkar Porambokku land) bearing Survey No. 649 to an extent of 01038 sq.m as street and 'vandipathai' for the past so many years, of late, respondents 4 to 6 have encroached upon the said land by constructing a compound wall to the hindrance of the general public. Though the petitioner made a representation to the 1^st respondent to remove

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the encroachment made by respondents 4 to 6, no action has been taken. Hence, the present writ petition.

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Notice to respondents 4 to 6 is dispensed with as no prejudice is

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going to be caused to them by the order to be passed in the writ petition.

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Though the petitioner alleges that the land in question is a Sarkar Porambokku land and it is in use as a street and cart-track, from the A-Register, which has been produced by the petitioner himself, it is seen

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S. VAIDYANATHAN,J.

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3\4

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

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W.P. No. 12747 of 2023

AND

R. KALAIMATHI,J.

that the said land is shown as 'Gaali Natham '. When there is ambiguity with regard to the nature of the land in question, i.e, whether the land in question is a 'Sarkar Porambokku land' or 'Gaali Natham' , the same cannot be gone into in this writ petition as it is a disputed question of fact.

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Hence, the writ petition stands dismissed. No costs.

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(S.V.N.J.) (R.K.M.J.)

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nv 25.04.2023 To 1. The District Collector, Cuddalore District, Cuddalore.

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1. The Revenue Tahsildar, Veppur Taluk, Cuddalore District. W.P. No. 12747 of 2023

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1. Block Development Officer, Mangalore Union, Cuddalore District.

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4\4

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

Athimoolam v. The District Collector

Case brief

What is this about?

What did the court decide?

Athimoolam v. The District Collector

Case brief

What is this about?

What did the court decide?

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