Dismissed

Vijaya Mookim v. the National Highway Authority of India

Madras HC8 Nov 2024REV.APLW/206/2024

Case brief

AI extract

What is this about?

This judgment dismisses a Review Application filed under Order 47 Rule 1 r/w Section 114 of CPC challenging an eviction order. The bench held the petitioner was an encroacher on National Highway property and the private dispute must be resolved by law while eviction authority remains.

What did the court decide?

Review Application dismissed; earlier order directing eviction of encroachment upheld.

Vijaya Mookim Vs the National Highway… — Civil Procedure and Limitation | Madras HC (2024)

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Review Application No.206 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.11.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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Review Application No.206 of 2024

Vijaya Mookim

... Petitioner

Vs.

1.The National Highway Authority of India, Sri Tower, 3^rd Floor, DP-34, Sipcot Industrial Estate, Guindy,

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Chennai – 600 032.

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2.The Commissioner of Police,

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Commissioner Office, Vepary,

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Chennai – 600 007.

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3.The Inspector of Police, T-1, Ambattur Police Station, Ambattur,

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Chennai – 600 053.

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4.The Tahsildar, Madhavaram Taluk Office, Madhavaram,

Chennai.

5.G.Anandan

Page 1 of 5

https://www.mhc.tn.gov.in/judis

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Review Application No.206 of 2024

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6.P.Kumarasamy

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... Respondents

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Prayer: Review Application filed under Order 47 Rule 1 r/w Section 114 of Code of Civil Procedure, to review the order passed by this Court in W.P.No.17749 of 2020 dated 21.03.2024 in so far as it relates to the finding that the petitioner herself has encroached upon National Highway Property and the direction issued to the first respondent/NHAI to evict the petitioner from the encroached portion of National Highways Property.

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For Petitioner : Mr.Maheshnath.A For Respondents : Mr.Su.Srinivasan (for R1) Mr.A.Selvendran (for R4) Special Government Pleader

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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The order dated 21.03.2024 passed in W.P.No. 17749 of 2020 is sought

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to be reviewed in the present petition.

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2. Learned counsel for the petitioner would submit that the petitioner

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is not an encroacher and no public property has been encroached upon by the petitioner.

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However, the private dispute between the petitioner and the private

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respondents had to be resolved in the manner know to law. It is needless to state that the Authorities on identification of encroachment will take steps to remove

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https://www.mhc.tn.gov.in/judis

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Page 2 of 5

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Review Application No.206 of 2024

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the encroachment as directed in the Writ Petition, which is sought to be reviewed.

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With these observations, the Review Petition is dismissed.

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[S.M.S., J.] [K.R.S., J.]

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08.11.2024

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Index: Yes/No Speaking/Non-speaking order gd

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https://www.mhc.tn.gov.in/judis Page 3 of 5

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Review Application No.206 of 2024

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1.The National Highway Authority of India, Sri Tower, 3^rd Floor, DP-34, Sipcot Industrial Estate, Guindy,

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Chennai – 600 032.

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2.The Commissioner of Police, Commissioner Office, Vepary,

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Chennai – 600 007.

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3.The Inspector of Police, T-1, Ambattur Police Station, Ambattur,

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Chennai – 600 053.

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4.The Tahsildar, Madhavaram Taluk Office, Madhavaram,

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Chennai.

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https://www.mhc.tn.gov.in/judis

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Page 4 of 5

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Review Application No.206 of 2024

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S.M.SUBRAMANIAM, J. AND K.RAJASEKAR, J.

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Review Application No.206 of 2024

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08.11.2024

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https://www.mhc.tn.gov.in/judis Page 5 of 5

Vijaya Mookim v. the National Highway Authority of India

Case brief

What is this about?

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Vijaya Mookim v. the National Highway Authority of India

Case brief

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