The court dismissed the writ petition seeking removal of an asbestos hut encroachment on a public pathway. The petitioner failed to contradict the respondent's contention that the land was patta land, leading to dismissal with 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.No.10258 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.10258 of 2020
.. Petitioner
Vs
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment (Asbestos Hut) made by the 4th respondent in the public pathway situated in S.No.419/12B Payyathanallur Village, Ariyalur Taluk and District.
Page 1 of 4
W.P.No.10258 of 2020
| For the Petitioner | : Mr.J.Ranjith Kumar for Mr.M.P.Saravanan |
|---|---|
| For the Respondents | : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jagannath Government Advocate for respondents 1 to 3 |
| : Mr.R.Jayaprakash for respondent No.4 |
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.J.Ranjith Kumar, learned counsel for Mr.M.P.Saravanan, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.K.Karthik Jagannath, learned Government Advocate for respondents 1 to 3; and, Mr.R.Jayaprakash, learned counsel for the fourth respondent.
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W.P.No.10258 of 2020
respondent.
In the light of that, the writ petition is dismissed with costs.
(S.V.G., CJ.) (D.B.C., J.) 09.02.2024 Index : Yes/No Neutral Citation : Yes/No sasi
To
_____________ Page 3 of 4_
W.P.No.10258 of 2020
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi)
W.P.No.10258 of 2020
09.02.2024
_____________ Page 4 of 4_
1 issue framed by the court
Whether the respondent no. 4 has a right to maintain an encroachment on public pathway over patta land?
1 provisions across 1 enactments
M.P. Saravanan
The District collector
The Special Tahsildar (Adhi Dravidar) Ariyalur Taluk and District
The Special Tahsildar (Adhi Dravidar) Taluk Office Ariyalalur Taluk and District
The Village Administrative Officer VAO Office Iluppaiyur Ariyalur District
Adhi Moolam
Sanjay V. Gangapurwal
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
