Petitioner sought writ to remove encroachment on government land and cart track. Court found facts unclear and cited disputed pathway use. Dismissed petition, directing petitioner to approach competent civil court with contentions kept open.
Petitioner directed to approach competent civil court. No order as to costs.
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.21573 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.21573 of 2023
Jamuna
.. Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent as found in Survey No.46/7 to the extent of 0.45.5 hectares of the Palayam
Page 1 of 4
W.P.No.21573 of 2023
Village, Gudalur Post, Harur Taluk, Dharmapuri District being a cart track within a time frame.
For the Petitioner : Mr.J.Pradeep For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.J.Pradeep, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 3.
Page 2 of 4
W.P.No.21573 of 2023
from time to time. It appears that there is some dispute with regard to
the use of pathway.
(S.V.G., CJ.) (P.D.A., J.) 24.07.2023 Index : Yes/No Neutral Citation : Yes/No
kpl
To
Page 3 of 4
W.P.No.21573 of 2023
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl)
W.P.No.21573 of 2023
24.07.2023
Page 4 of 4
2 issues framed by the court
Whether the petitioner is correct in approachng this Court for removal of encroachment on disputed land instead of civil court.
Whether the writ petition can be allowed where facts are not clear.
1 provisions across 1 enactments
Jamuna
District Collector Dharmapuri
Revenue Divisional Officer Harur
Tahsildar Harur
Venkatachalam
Sanjay V Gangapurwala
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
