The High Court of Judicature at Madras dismissed W.P.No.6830 of 2018 and connected Miscellaneous Petition as abated. The death of the petitioner rendered the proceeding infructuous, resulting in no further adjudication on the land encroachment claim.
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.6830 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.6830 of 2018 and W.M.P.No.8454 of 2018
B.Sankaran President Periathope Grama Podhunala Sangam (Reg.No.101/1998) Periathope, Manali, Chennai - 600 068. ...Petitioner
Vs
1.The State of Tamil Nadu, Rep. by its Secretary, Revenue Department, Fort St.George, Chennai – 600 009.
2.The District Collector, Thiruvallur District at Thiruvallur.
3.The Tahsildar, Tiruvottiyur. 4.G.Manivel
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W.P.No.6830 of 2018
5.Anjalatchi Muthu
(R5 impleaded as per order dated 04.02.2020 made in W.M.P.No.3034 of 2020 in W.P.No.6830 of 2018 by RPSJ & RPAJ) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate action as per law by prohibiting any sort of encroachment by any third party inclusive of the 4th respondent in S.No.191/2, Manali Village, to an extent of about 1.28.0 hectares on the basis of the representation dated 01.09.2017, as the said survey number has been classified to belong to the Government and earmarked as Aayiram Kathankoil, Public Play Ground, Primary Health Centre etc.
For Petitioner : Ms.Jasmine Padma. For Respondents : Mr.A.Selvendran, Special Government Pleader for R1 to R3. Mr.S.Venkatasamy Babu for R4.
O R D E R
[Order of the Court was made by R.MAHADEVAN,J.]
Today, when the matter is taken up for consideration, the learned counsel for the petitioner submits that the petitioner died and therefore, the writ petition may be dismissed as abated. He has also made an endorsement to that effect.
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W.P.No.6830 of 2018
2.Recording the above submission and endorsement made by the
learned counsel for the petitioner, this Writ Petition is dismissed as abated.
No costs. Consequently, the connected Miscellaneous Petition is closed.
(R.M.D.,J.) (M.S.Q.,J.)
02.02.2023
ay Index:Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No
Copy To
1.The Secretary, Revenue Department, Fort St.George, Chennai – 600 009.
2.The District Collector, Thiruvallur District at Thiruvallur.
3.The Tahsildar, Tiruvottiyur.
Page 3 of 4
W.P.No.6830 of 2018
R.MAHADEVAN,J. and MOHAMMED SHAFFIQ,J.
ay
W.P.No.6830 of 2018 and W.M.P.No.8454 of 2018
Dated:02.02.2023
Page 4 of 4
B. Sankaran President Periathope Grama Podhunala Sangam
The State of Tamil Nadu
G. Manivel
Anjalatchi Muthu
R. MAAHDEVAN
MOHAMMED SHAFFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
