The petitioner, through a writ petition under Article 226 of the Constitution, sought removal of encroachment on government land and pathway. The court noted that respondents had filed a civil suit which was sub judice and disposed of the writ petition with no order as to costs, directing parties to follow the civil suit's outcome.
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WP No.3462 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WP No.3462 of 2023
M.Elavarasan
.. Petitioner
-vs-
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to remove the encroachment made by the 4th and 5th respondents in Nattam Government land along with the common pathway in Survey No.379/10, Marudhur Village, Andimadam Taluk, Ariyalur District.
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WP No.3462 of 2023
For the Petitioner : Mr.R.Amardeep For the Respondents : Mr.P.Muthukumar, State Government Pleader, for RR 1 to 3 : Mr.R.S.Selvam for RR 4 and 5 * * * * *
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.R.Amardeep, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1 to 3 and Mr.R.S.Selvam, learned counsel for respondent Nos.4 and 5.
by the 4th and 5th respondents in Natham Government land along with Government pathway in S.No.379/10, Marudhur Village, Andimadam Taluk, Ariyalur District.
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WP No.3462 of 2023
the communication received from Tahsildar to suggest that respondent Nos.4 and 5 have filed a civil suit bearing O.S.No.79 of 2021 seeking directions against the officials to issue patta in their name for the area admeasuring 00174 sq.m. and for injunction to avoid any disturbances to their possession. The said suit is pending before the District Munsif Court, Jayankondam. It is further submitted that no common pathway exists in S.No.379/10.
The writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 09.10.2023 Index : Yes/No Neutral Citation : Yes/No sra
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WP No.3462 of 2023
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra)
To
WP No.3462 of 2023
09.10.2023
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1 issue framed by the court
Whether the High Court should issue a writ of mandamus for removal of encroachment on government land/way when a civil suit regarding the same land is sub judice before a civil court.
M. Elavarasan
The District Collector, O/o. The District Collector, Ariyalur
The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Udayarpallayam
The Tahsildar, O/o. The Tahsildar, Andimadam
M. Sankar
M. Kumar
Sanjay V. Gangapurwala
D. Bharatha Chakravarty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
