In this writ petition filed under Article 226, the petitioner challenged the unauthorised construction by the fourth respondent allegedly blocking a common pathway. The petition was dismissed as misconceived based on the respondent's counter-filed that the land is patta, no construction exists, and the dispute arose from a personal grudge.
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.788 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.08.2023
CORAM:
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN
W.P.(MD) No.788 of 2023
P.Murugan
... Petitioner
-vs-
1.The District Collector O/o the District Collector Collectorate Campus, Madurai District.
3.The Superintendent of Police, O/o. the Superintendent of Police, Azhagarkovil Road K.Pudur, Madurai.
4.N.Elango ... Respondents
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W.P.(MD) No.788 of 2023
PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents 1 to 3 on the basis of petitioner's representation dated 22.12.2022 take action against the 4th respondent, who is illegally constructing house building in the common pathway situated at S.No.106/3 Kuruthur Village, Maathoor Post, Azhagarkovil Via, Madurai District within the time stipulated by this Court.
For Petitioners : Mr.D.Senthil For Respondents : Mr.D.Sasikumar for R1 to R3 Additional Government Pleader Mr.V.Saravanan for R4
O R D E R
[Order of the Court was made by The Hon'ble The CHIEF JUSTICE]
We have heard Mr.D.Senthil, learned counsel for the petitioner, Mr.D.Sasikumar, learned Additional Government Pleader for the respondent 1 to 3 and Mr.V.Saravanan, learned counsel for the 4th respondent.
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W.P.(MD) No.788 of 2023
is a patta land, however, no construction was put up in that. The petitioner is his third degree cousin and on personal grudge, the writ petition is filed.
[S.V.G., CJ.] [C.K. J.] 29.08.2023 NCC : Yes / No Index : Yes / No RR
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W.P.(MD) No.788 of 2023
To
Page 4 of 5
W.P.(MD) No.788 of 2023
THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN, J.
RR
W.P.(MD)No.788 of 2023
29.08.2023
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2 issues framed by the court
Whether the alleged illegal construction blocking a common pathway warrants issuance of a writ of mandamus to direct action against the respondent.
Whether the petitioner's claim regarding a common pathway in S.No.106/3 Kuruthur is supported by the evidence that land is patta land and no construction exists.
P.Murugan
The District Collector
The Tahsildar (Madurai East)
The Superintendent of Police
N.Elango
Sanjay V.Gangapurwala
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
