This petition under Article 226 sought a writ of mandamus to direct removal of encroachment. The Court dismissed the petition as premature, noting a four-day gap between the written representation and the filing, and lack of factual particulars.
The petition was dismissed with no order as to costs.
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.33240 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.11.2024
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.33240 of 2024
K.Chandhiran
... Petitioner
-vs-
Page 1 of 5
W.P.No.33240 of 2024
Walaja Taluk, Ranipet District.
... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the 2nd respondent herein to remove the encroachment in the schedule mentioned property pursuant to the representation dated 14.08.2024.
For Petitioner : Mr.R.Sunil Kumar For Respondents : Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.Karthik Jegannath, Govt. Advocate, for RR 1 to 5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petition does not disclose what petitioner does for a living and he says, he is earning Rs.10,000/- per month. Counsel states that he does not know what his client does for a living. Moreover, the petition is bereft of any particulars. We say this because in paragraph 5, it is stated the private respondent, that is respondent No.6, with an intent to encroach
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W.P.No.33240 of 2024
the Government land, had acquired the Government lane which is lying in S.No.73/9.
the representation dated 14.08.2024 has been sent by Registered Post AD
and the same appears to have been delivered only on 31.08.2024.
Therefore, in our view, the petition is premature and is dismissed. There shall be no order as to costs.
(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.)
14.11.2024
Index : Yes/No NC : Yes/No
sra
To:
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W.P.No.33240 of 2024
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W.P.No.33240 of 2024
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sra)
W.P.No.33240 of 2024
14.11.2024
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2 issues framed by the court
Whether a writ petition filed immediately after lodging a representation is maintainable.
Whether the petition discloses prima facie merit regarding encroachment allegations.
1 provisions across 1 enactments
K.Chandhiran
District Collector, Ranipet District
Revenue Divisional Officer
Tahsildhar Walaja Taluk
Circle Land Surveyor
Village Administrative Officer
K.R.SHRIRAM
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
