Court disposed of a writ petition seeking removal of encroachment of a staircase blocking a common pathway. It directed official respondents to remove the obstruction following due process within eight weeks.
Direction to respondents to remove encroachments after hearing parties within eight weeks.
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.9769 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
W.P.(MD)No.9769 of 2023
C.Sankaranarayanan
... Petitioner
-vs-
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment made by the 4th respondent in the common pathway in T.S.No.108, Block 12, Ward B, Thiruvengadam Road, Sankarankovil Municipality, Tenkasi District by considering the petitioners representation dated 24.03.2023, within time stipulated by this Honourable Court.
For Petitioner : Mr.S.Veluchamy
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W.P.(MD)No.9769 of 2023
| For R1 | : Mr.A.Baskaran |
|---|---|
| Additional Government Pleader | |
| For R2 | : Mr.V.Nirmal Kumar Government Advocate |
| For R3 | : Mr.P.T.Thiraviyam |
| Government Advocate |
ORDER
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE]
With the consent of parties, the writ petition itself is taken up for final disposal.
takes notice for the first respondent; Mr.V.Nirmal Kumar, learned
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W.P.(MD)No.9769 of 2023
Government Advocate takes notice for the second respondent and Mr.P.T.Thiraviyam, learned Government Advocate takes notice for the third respondent. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the private respondent is dispensed with.
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W.P.(MD)No.9769 of 2023
expressing any opinion on the prayer sought for by the petitioner, this writ petition is disposed of directing the official respondents to remove the encroachments, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
7 . With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[T.R., A.C.J.] [R.S.M., J.] 25.04.2023
NCC : No Index : No Internet: Yes PKN
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W.P.(MD)No.9769 of 2023
To
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W.P.(MD)No.9769 of 2023
T.RAJA, A.C.J. and R.SUBRAMANIAN, J.
PKN
ORDER MADE IN W.P.(MD)No.9769 of 2023
25.04.2023
Page 6 of 6 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the official respondents are directed to remove the encroachment made by the fourth respondent obstructing the common pathway after affording opportunity to parties.
1 provisions across 1 enactments
C.Sankaranarayanan
District Collector, Tenkasi District
Commissioner, Sankarankovil Municipality
Town Surveyor, Sankarankovil Municipality
R.Senthil Kumar
T.Raja
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
