The petitioner filed a writ petition seeking removal of encroachments on Survey No.41/3 alleged to be a waterbody. The court disposed of the petition relying on the state government's claim that the land is vacant and in government possession.
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.16330 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.16330 of 2021
Ramakrishnan
.. Petitioner
Vs
___________ Page 1 of 5_
W.P.No.16330 of 2021
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 8 in Government vari poramboke land in S.No.41/3, Idipally Village, Baliganapally Post, Hosur Taluk, Krishnagiri District and take necessary steps to prevent the encroachment of the said land in future after removal of the present encroachment.
For the Petitioner : Mr.P.Mani
For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
Heard Mr.P.Mani, learned counsel for the petitioner;
Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3; and, Mr.P.Santhosh, learned counsel for respondents 4 to 8.
Page 2 of 5
W.P.No.16330 of 2021
No.41/3 is classified as “vari poramboke” and respondents 4 to 8 have encroached upon the said waterbody.
Survey No.41/3 situated at Idipally Village is a vacant land and the same is in the possession of the Government authorities. Learned State Government Pleader further submits that a board is also placed there.
be used for any other purpose. The same has to be maintained as waterbody.
___________ Page 3 of 5_
W.P.No.16330 of 2021
Government Pleader, the writ petition is disposed of. There will be
no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index : Yes/No Neutral Citation : Yes/No bbr
To
___________ Page 4 of 5_
W.P.No.16330 of 2021
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr
W.P.No.16330 of 2021
20.10.2023
___________ Page 5 of 5_
2 issues framed by the court
Whether the High Court should issue a writ of mandamus directing the government to remove encroachments on land classified as waterbody.
Whether the site in dispute is waterbody or vacant land.
1 provisions across 1 enactments
Ramakrishnan
District Collector, Krishnagiri District
Revenue Division Officer, Hosur
Tahsildar, Hosur Taluk
Subbachari
Murali
Sanjay V. Gangapurwala
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
