Petitioner filed writ petition seeking mandamus to remove encroachments on government land. HC held since civil suit on identical subject matter was dismissed, no writ relief can be granted; petitioner may pursue appeals in civil court, and writ petition disposed of.
Writ petition disposed of; no order as to costs.
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W.P.No.31408 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.31408 of 2023
Ganesan
.. Petitioner
vs
Page 1 of 6
W.P.No.31408 of 2023
5.The Panchayat President, Ernapuram Village Panchayat, Magudanchavadi Post, Sankagiri Taluk, Salem – 657 103.
7.Singaravelan
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to remove the encroachments put up by the respondents 5, 6 and 7 in the Government poramboke Cart Track comprised in Survey No.208, measuring an extent of 0.79.5 Hectares in Ernapuram Village, Sankagiri Taluk, Salem District.
For the Petitioner : Mr.A.E.Ravi Chandran For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 6
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.A.E.Ravi Chandran, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader
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W.P.No.31408 of 2023
for respondents 1 to 6.
G.O.(Ms) No.540, Revenue [LD6(2)] Department, dated 4.12.2014, if an encroachment exists, then the Committee is required to consider the grievance for removal of the encroachment. The FMB sketch shows existence of pathway/cart track. The authorities are not taking cognizance of the same.
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W.P.No.31408 of 2023
Revenue [LD6(2)] Department, dated 4.12.2014. Under the said government order, various Committees have been constituted and procedure for eviction of encroachments has been stipulated.
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W.P.No.31408 of 2023
There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index : Yes/No Neutral Citation : Yes/No bbr
To
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W.P.No.31408 of 2023
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr
W.P.No.31408 of 2023
21.12.2023
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2 issues framed by the court
Whether a writ of mandamus can be issued directing the respondent to remove encroachments when the petitioner's civil suit on the same facts has been dismissed.
Whether the petitioner is precluded from seeking writ relief on grounds already adjudicated in the civil court.
1 provisions across 1 enactments
Ganesan
District Collector
Revenue Divisional Officer
Tahsildar
Block Development Officer
Panchayat President
Sanjay V. Gangapurwala
Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
