Writ petition seeking mandamus to remove encroachment on Government land (Pathai Tharisu) was dismissed for default after repeated listings with no representation for the petitioner; consequential miscellaneous petition also dismissed.
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.13391 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2024
Coram
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.13391 of 2021
&
W.M.P.No.14242 of 2021 in W.P.No.13391 of 2021
P.Ramasamy S/o.Palanivel
.. Petitioner
vs
Previously Attur Taluk Presently Thalaivasal Taluk Salem District – 636 102
S/o.Arumugam .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing first respondent to remove the illegal encroachment from the Government Land (Pathai Tharisu) in Survey Nos.168/7 & 170/4 at Aaragalur Village, Previously Attur Taluk,
Page 1 of 4
W.P.No.13391 of 2021
Presently Thalaivasal Taluk, Salem District by passing orders on representation dated 30.01.2021.
For Petitioner : No appearance For Respondents : Mr.Vadivelu Deenadayalan Additional Govt. Pleader for R1
R2-No appearance
O R D E R
(Order of the Court was made by M.SUNDAR, J.)
Read this in conjunction with and in continuation of earlier
proceedings made in the listing on 07.11.2024, which reads as follows:
'There is no representation for writ petitioner either in physical Court or on 'Videoconferencing' {'VC'} platform. To be noted, this is a hybrid hearing, which is a daily / regular / routine feature in this Court.
2. However, Mr.Vadivelu Deenadayalan, learned Special Government Pleader for R1 is before us.
3. With the intention of giving an opportunity to writ petitioner and learned counsel for writ petitioner, list this matter again on Monday.
List on 11.11.2024.'
Page 2 of 4
W.P.No.13391 of 2021
2. To be noted, thereafter there were two listings on 11.11.2024
and 19.11.2024 when the captioned matter was re-notified. However, the
position is no different today i.e., there is no representation for the writ
petitioner but Mr. T.K.Saravanan, learned Government Advocate for R1
is before us. There is no representation for R2 also though R2 has entered appearance through counsel and name of the counsel is duly
shown in the cause list.
3. In the light of the narrative thus far, captioned writ petition is dismissed for default / for not being pursued. Consequently, captioned
writ miscellaneous petition is also dismissed. There shall be no order as
to costs.
[M.S., J] [K.R.S., J]
20.11.2024
gpa
Page 3 of 4
W.P.No.13391 of 2021
M.SUNDAR,J., and K.RAJASEKAR, J.,
gpa
To
The Tahsildar Previously Attur Taluk Presently Thalaivasal Taluk Salem District – 636 102
W.P.No.13391 of 2021
20.11.2024
Page 4 of 4
1 provisions across 1 enactments
P.Ramasamy
The Tahsildar, Previously Attur Taluk Presently Thalaivasal Taluk Salem District
Mr.Rayamuthu
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
