Disposed

Arivalagan v. The District Collector

Madras HC22 Feb 2024WP/26481/2019

Case brief

AI extract

What is this about?

Writ petition sought demolition of a house allegedly encroaching on a public road in Pennathur Panchayat. The Court directed respondents 1 to 4 to conduct a survey with notice to all parties, identify encroachments on the public road and initiate removal action per applicable law within twelve weeks. Writ petition disposed of without costs.

What did the court decide?

Survey and identification of road encroachments ordered; appropriate removal action directed to be completed within twelve weeks.

Arivalagan Vs The District Collector — Municipal and Town Planning | Madras HC (2024)

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W.P.No.26481 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.02.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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W.P. No.26481 of 2019

Arivalagan

... Petitioner

Vs.

1.The District Collector, Vellore District, at Vellore.

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2.The Tahsildar, Velapatti Roundtana, Vellore Taluk.

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3.The Village Administrative Officer, No.116, Pennathur Panchayat, Vellore Taluk, Vellore District – 11.

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4.The Executive Officer, Pennathur Panchayat, Vellore Taluk, Vellore District – 11.

5.Mr.K.Varadharajan

... Respondents

Page No.1 of 5

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

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W.P.No.26481 of 2019

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of mandamus, directing the respondents 1 to 4 demolish the house in respect of the property situated in Survey No.228/70, Plot No.3 Pennathur Panchayat, Vellore Taluk which stands in the name of the 5^th respondent by considering the petitioner representation dated 23.10.2018.

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For Petitioner : Mr.S.Senthilvel For R1 to R4 : Mr.A.Selvendran Special Government Pleader For R5 : Mr.S.William

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O R D E R

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(Order of the Court made by S.M.SUBRAMANIAM,J.)

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The relief sought for in the present writ petition is to direct the respondents 1 to 4 to demolish the house in respect of the property situated at Survey No.228/70, Plot No.3 Pennathur Panchayat, Vellore Taluk which stands in the name of the 5^th respondent by considering the petitioner representation dated 23.10.2018.

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With reference to the relief sought for, the respondents 1 to 4 are

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directed to conduct a survey by affording opportunity to all the parties and thereafter identify the encroachments on the public road if any and initiate

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Page No.2 of 5

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

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W.P.No.26481 of 2019

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appropriate action to remove the encroachments by following the procedures as contemplated under the relevant Act and Rules. The said exercise is

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directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition stands disposed of. No costs.

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[S.M.S,J.] [K.R.S,J.] 22.02.2024

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Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda

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1.The District Collector, Vellore District, at Vellore.

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2.The Tahsildar, Velapatti Roundtana, Vellore Taluk.

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3.The Village Administrative Officer, No.116, Pennathur Panchayat, Vellore Taluk, Vellore District – 11.

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Page No.3 of 5

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

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W.P.No.26481 of 2019

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4.The Executive Officer, Pennathur Panchayat, Vellore Taluk, Vellore District – 11.

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Page No.4 of 5

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

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W.P.No.26481 of 2019

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S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J.

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veda

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Order in W.P.No.26481 of 2019

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22.02.2024

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Page No.5 of 5

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

Arivalagan v. The District Collector

Case brief

What is this about?

What did the court decide?

Arivalagan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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