Disposed

K.Kannammal v. the Commissioner

Madras HC18 Jan 2024WP/21007/2023

Case brief

AI extract

What is this about?

The High Court heard a writ petition seeking mandamus to remove road margin encroachment. Relying on the respondents' assurance to conduct measurements within one month and act on a report, the Court disposed of the petition without any order as to costs.

What did the court decide?

The writ petition was disposed of on the assurance of respondents to measure encroachment within one month and remove it if disclosed.

K.Kannammal Vs the Commissioner — Municipal and Town Planning | Madras HC (2024)

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WP No.21007 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.01.2024

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

WP No.21007 of 2023

K.Kannammal

.. Petitioner

-vs-

The Commissioner, Komarapalayam Municipality, Salem Main Road, Komarapalayam 638 183.

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Senthil

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Kannappan

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Chellappan

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Maharasan

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The Divisional Engineer, Namakkal Division, Department of Highways, Mohanur Road, Namakkal 637 001. (R-6 impleaded vide order dt.25.09.2023 made in WMP.No.23753/2023) .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1^st respondent to remove the above said road margin encroachment made by 5^th respondent with a help of respondents 2 to 4 in the road margin land between the Edappadi Main Road, Highway Road and the petitioner's property comprised bearing T.S.No.120, 119 and 118, Komarapalayam

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WP No.21007 of 2023

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Agragaram Village, Namakkal District, particularly in TS No.120, Komarapalayam Village, Komarapalayam Taluk so as to have the petitioner access from the Edappadi High Way Road to the petitioner above said properties comprised in T.S.No.120, 119 and 118, Komarapalayam Agragaram Village, Komarapalayam Taluk and Municipaity, Namakkal District so as to maintain the Highway Road as a road, on the basis of the petitioner's representation dated 18.04.2023 within a time frame fixed by this Court.

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For the Petitioner : Mr.P.Gunaraj For the Respondents : M/s.C.Meena Arumugam, for R-1 : Mr.B.M.Subash, for RR 2 to 5 : Mr.P.Muthukumar, State Government Pleader, for R-6.

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Mr.P.Gunaraj, learned counsel for the petitioner,

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M/s.Meena Arumugam, learned counsel for respondent No.1, Mr.B.M.Subash, learned counsel for respondent Nos.2 to 5 and Mr.P.Muthukumar, learned State Government Pleader, for respondent No.6.

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The learned counsel for the petitioner submits that

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WP No.21007 of 2023

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encroachment has been made by the 5^th respondent in the road margin with the help of respondent Nos.2 to 4. The encroachment is on the Highway.

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The learned counsel for respondent Nos.2 to 5 submits that respondent Nos.2 to 5 have not encroached upon any land of the Highway.

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The learned State Government Pleader, on instructions, submits that within a period of one month, measurement would be carried out and if the measurement report discloses encroachment, then the authorities would take steps to remove the encroachment expeditiously.

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In view of the said statement, the writ petition is disposed of. There shall be no order as to costs.

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(S.V.G., CJ.) (D.B.C., J.) 18.01.2024 Index : Yes/No Neutral Citation : Yes/No

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sra

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WP No.21007 of 2023

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WP No.21007 of 2023

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

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(sra)

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The Commissioner, Komarapalayam Municipality, Salem Main Road, Komarapalayam 638 183.

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The Divisional Engineer, Namakkal Division, Department of Highways, Mohanur Road, Namakkal 637 001.

WP No.21007 of 2023

18.01.2024

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

K.Kannammal v. the Commissioner

Case brief

What is this about?

What did the court decide?

K.Kannammal v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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