Writ mandamus sought to remove an alleged encroachment on a public burial ground. The Tahsildar undertook eviction under the Tamil Nadu Land Encroachment Act; respondent No.3 produced an ex parte civil decree granting injunction and possessory title to his father. The court directed officials to act in accordance with law and disposed of the petition.
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.
WP No.15772 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WP No.15772 of 2019
Jamuna Rani
.. Petitioner
-vs-
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the unauthorized structure and construction being made by the third respondent in the public burial ground comprised in Survey No.64/7 of Sirunasalur Village, Veppur Taluk, Cuddalore District, measuring 60 cents or thereabouts.
Page 1 of 4
WP No.15772 of 2019
For the Petitioner : Mr.R.Manickavel For the Respondents : Mr.P.Muthukumar, State Government Pleader for RR 1, 2 and 4 : Mr.T.Sivagnanasambandam for R-3 * * * * *
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.R.Manickavel, learned counsel for the
petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1, 2 and 4 and Mr.T.Sivagnanasambandam, learned counsel for respondent No.3.
land is a burial ground. Steps are not taken to remove the encroachment caused by respondent No.3.
Page 2 of 4
WP No.15772 of 2019
steps in accordance with law.
The writ petition is accordingly disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 18.01.2024 Index : Yes/No Neutral Citation : Yes/No
sra
Page 3 of 4
WP No.15772 of 2019
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra)
To
WP No.15772 of 2019
18.01.2024
Page 4 of 4
2 issues framed by the court
Should officials remove the third respondent's alleged encroachment on a public burial ground?
How should the authorities proceed given an ex parte injunction and possessory title decree favouring respondent No.3's father?
2 provisions across 2 enactments
Jamuna Rani
The Collector, Office of the Collector, Cuddalore District
The Tahsildar, Veppur Taluk, Cuddalore District
Prabu Doss
Block Development Officer, Panchayat Union Office, Nallur, Cuddalore District
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
