The petitioner sought to restrain eviction from land. The Court held that since the order under Section 6 of the Land Encroachment Act was not yet passed and an appeal is available under Section 10, the writ petition was premature. The petition was disposed of.
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.2633 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.2633 of 2024
V.S.Shankarasubramanian
.. Petitioner
Vs.
.. Respondents
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W.P.No.2633 of 2024
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the 3rd and 4th respondents from evicting or removing the petitioner from the land situated in S.No. 226B, Potheri Village, Kattangulathur Sub-Division, Chengalpet District measuring an extent of 127.08 square metre between the Railway Track and retaining wall of Potheri railway station.
For the Petitioner : Mr.R.Karthikeyan
For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 to R4
Mr.Venkataswamy Babu for R5
ORDER
(Made by the Hon'ble Chief Justice)
Heard Mr.R.Karthikeyan, learned counsel for the petitioner,
Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 4 and Mr.Venkataswamy Babu, learned counsel for respondent 5.
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W.P.No.2633 of 2024
Page 3 of 6
W.P.No.2633 of 2024
(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index : Yes/No Neutral Citation : Yes/No
drm
To
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W.P.No.2633 of 2024
Southern Railway, Parktown.
Page 5 of 6
W.P.No.2633 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.P.No.2633 of 2024
08.02.2024
Page 6 of 6
1 issue framed by the court
Whether the High Court should interfere with the notice issued under the Tamil Nadu Land Encroachment Act before the statutory appellate remedy is exhausted?
4 provisions across 2 enactments
V.S. Shankarasubramanian
The Secretary to Government Revenue and Disaster Management Department Secretariat, Fort St. George
The Commissioner of Land Administration
The District Collector Chengalpattu District
The Revenue Inspector Kattankulathur Sub-division
The Senior Divisional Commercial Manager/MAS O/o. Sr. DCM, Southern Railway
Sanjay V. Gangapurwal
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
