This High Court disposed of a writ petition filed for removal of encroachments on public roads. The respondent pleader submitted that no further orders were required as actions would be taken in accordance with law. No legal principle was laid down as the matter was disposed of without specific intervention.
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.19898 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.19898 of 2023
P.Sheakespeare
.. Petitioner
Vs
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 2
Page 1 of 5
W.P.No.19898 of 2023
to 4 to take appropriate action for removal of all encroachments made in the public roads in SF No.280/22 and 280/33 Venmankondan (West) Village, Udayarpalayam Taluk, Ariyalur District.
For the Petitioner : Mr.S.Kamadevan
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)
We have heard Mr.S.Kamadevan, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3.
___________ Page 2 of 5_
W.P.No.19898 of 2023
Survey No.280/22 is concerned, the same is a cart path and S.No.280/23 is a lane. The land claimed by the petitioner as encroachment is extraneous land and it is included in the village records as a “Natham Vandipathi” and “Chandu”. It is further submitted that one Karthikeyan of Venimankondan (West) Village had filed a petition to remove the encroachment in S.No.280/33. The said land was measured by the Surveyor and it was found that one Ramasamy's son Govindarasu of Venmankondan Village has encroached by constructing a toilet and wire fence. A court case is pending in the District Munsif Court at Jayakondan for claiming patta to S.No.280/33 classified as “Chandu” by Govindarasu. The said case is under trial.
___________ Page 3 of 5_
W.P.No.19898 of 2023
to be passed in this writ petition.
The writ petition is disposed of accordingly. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 06.07.2023 Index : Yes/No Neutral Citation : Yes/No sasi
To:
___________ Page 4 of 5_
W.P.No.19898 of 2023
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi)
W.P.No.19898 of 2023
06.07.2023
___________ Page 5 of 5_
1 issue framed by the court
Whether a writ petition seeking removal of encroachments requires amendment to implead a person against whom relief is claimed.
P. Sheakespeare
The District Collector, District Collectorate, Ariyalur District
The Thasildhar, Udayarpalayam Taluk, Ariyalur District
The Block Development Officer (V.P) Tha.Pazhur Panchayat Union
The President, Venmankondan Village Panchayat
Sanjay V. Gangapurwala
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
