The Madras High Court disposed of the writ petition seeking removal of a shelter built on private land. The Court held the matter involves a title dispute suitable for the civil court and discharged the petitioners to file a civil suit.
Petition dismissed with direction to approach the jurisdictional civil court.
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.16048 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :30.03.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.16048 of 2016
Sankar
... Petitioner
Vs.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representations dated 29.02.2016 and
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W.P.(MD)No.16048 of 2016
19.04.2016 given to the respondents 1 and 2 to remove the Indira Memorial Shelter constructed by the third respondent in Survey No.164/2 of Chettiyapatti Village, Manapparai Taluk, Tiruchirappalli District with the monetary assistance of the respondents 1 and 2.
For Petitioner :Mr.S.T.M.Madasamy For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader for RR1, 2 and 5 Mr.S.Deenadhayalan for R4 No-appearance for R3
O R D E R
The petitioner seeks a direction for consideration of the representations dated 29.02.2016 and 19.04.2016 for removal of the Indira Memorial Shelter constructed by the third respondent in Survey No.164/2, Chettiyapatti Village, Manapparai Taluk, Tiruchirappalli District.
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W.P.(MD)No.16048 of 2016
adjacent lands, constructed a house in the name of his daughter, Eswari, by getting financial assistance from the second respondent under Indira Memorial Shelter Scheme. After submitting representations on 29.02.2016 and 19.04.2016, the present writ petition is filed.
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W.P.(MD)No.16048 of 2016
this writ petition has been instituted. From the averments in paragraph No.2 of the affidavit filed in support of the writ petition, it appears that the grievance of the petitioner is that an adjoining land owner, namely, Palani, has constructed a house on the petitioner's land by availing financial assistance from the second respondent under the Indira Memorial Shelter Scheme. In view of the said assertion, it appears that the dispute is a title dispute relating to the ownership of Survey No.164/2. Such dispute should be decided by the jurisdictional civil court and not by the respondents herein.
30.03.2023
NCC :No Internet :Yes Index :No ssb
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W.P.(MD)No.16048 of 2016
To
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W.P.(MD)No.16048 of 2016
SENTHILKUMAR RAMAMOORTHY, J.
ssb
W.P.(MD)No.16048 of 2016
30.03.2023
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1 issue framed by the court
Whether this Court can adjudicate the dispute regarding construction on private land under Indira Memorial Shelter Scheme.
Sankar
District Collector, Tiruchirappalli District
Block Development Officer (Panchayats) Manapparai Panchayat Union
Eswari
Assistant Engineer, Tamil Nadu Generation and Distribution Corporation
Village Administrative Officer, Chettiyapatti Village
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
