Writ petition seeking mandamus for surveying property and removing encroachments by respondents 4 and 5. The court, noting authorities required time, directed respondents 1 to 3 to issue notice to encroachers and complete removal actions within eight weeks.
Directing respondents to complete encroachment removal exercises within eight weeks.
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.22003 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.22003 of 2019
P.Velayutham
... Petitioner
Vs.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 to measure with the aid of surveyor the property situated in Survey No. 48/26 and 48/28
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W.P.No.22003 of 2019
in Angalamman Koil Street, Peddanaicken Palayam Village Post and Taluk, Salem District by virtue of the letter dated 15.06.2018 of the 2nd respondent and consequently to take action against the 4th and 5th respondent for their encroachment in the Public Road in Angalamman Koil Street, Peddanaicken Palayam Village Post and Taluk, Salem District.
For Petitioner : Mr.D.Babu
For R1 and R3 : Mr.A.Selvendran, Special Government Pleader
For R2 : Mr.V.Jaya Prakash Narayanan
For R4 & R5 : No appearance
O R D E R
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that actions are already initiated to remove
the encroachments. The authorities require two weeks time to comply with
the procedures for the purpose of removing the encroachments.
issue notice to the encroachers and on receipt of objection, if any, shall initiate further actions to remove the encroachments. The entire exercise is
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W.P.No.22003 of 2019
directed to be completed within a period of eight weeks from the date of
receipt of a copy of this order.
(S.M.S.,J.) (K.R.S.,J.) 21.02.2024
skr
Index : Yes
To
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W.P.No.22003 of 2019
S.M.SUBRAMANIAM, J. and K.RAJASEKAR, J.
skr
W.P.No.22003 of 2019
21.02.2024
Page 4 of 4
1 issue framed by the court
Whether the respondents should initiate action to remove encroachments on the public road within a specified time frame.
1 provisions across 1 enactments
P.Velayutham
The District Collector, Salem District
The Executive Officer, Selection Grade Panchayat, Peddanaicken Palayam
The Tahsildar, Peddunaicken Palayam Taluk
Paneer Selvam
Chinaraj
S.M. Subramaniam
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
