The Madurai Bench held that since the subject lane was private patta land, the writ petition directing removal of encroachment did not arise. The petitioner was directed to approach the Civil Court for her remedy against private encroachment.
The writ petition is dismissed. No 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.(MD) No.11109 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD) No.11109 of 2023
N.Jamuna
... Petitioner
-vs-
3.The Corporation Commissioner Zone-2 Corporation Commissioner Office Anna Maligai Madurai District
4.The Town Surveyor Zone-2 Corporation Commissioner Office Anna Maligai Madurai District
5.S.Kundumalai ... Respondents
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W.P.(MD) No.11109 of 2023
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the third respondent to consider petitioner's representation dated 07.05.2022 and 03.02.2023 demanding for survey the common lane and remove the encroachment made by the fifth respondent within a time stipulated by this Court.
For Petitioner : Mr.S.Raja Mohamed for M/s.Mohamed Associates For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 & R2 Mr.K.K.Kannan Standing Counsel for R3 & R4 Mr.RM.Arun Swaminathan for R5
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The relief sought for in this writ petition is to direct the third respondent to conduct a survey and remove the encroachment made by the fifth respondent in the common lane.
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W.P.(MD) No.11109 of 2023
2. Today, when the matter was taken up for hearing, learned Standing Counsel appearing for the respondent – Corporation submitted that the subject lane is a private patta land and therefore, directing the official respondents to remove the encroachment in a common lane does not arise.
3. In view of the above submission, we find no reason to consider the relief as such sought for in this writ petition. If at all the petitioner is aggrieved from and out of the encroachment by private individual, if any, it is for him to approach the competent Civil Court and work out his remedy in the manner known to law.
4. Accordingly, this writ petition is dismissed. No costs.
[S.M.S., J.] [V.L.N., J.]
04.10.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
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W.P.(MD) No.11109 of 2023
To:
Page 4 of 5
W.P.(MD) No.11109 of 2023
S.M.SUBRAMANIAM, J. and V.LAKSHMINARAYANAN, J.
krk
W.P.(MD) No.11109 of 2023
04.10.2023
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1 issue framed by the court
Whether the writ court should direct the Corporation to remove encroachments on land alleged to be a common lane.
N. Jamuna
The District Collector Madurai District
The Revenue Divisional Officer Madurai District
The Corporation Commissioner Zone-2
The Town Surveyor Zone-2
S. Kundumalai
S.M. Subramaniam
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
