Writ petition disposed of with directions to state respondents to conduct a survey of the specified land and initiate action against encroachers after notice, preserving rights of the private respondent.
Disposed of with direction to respondents to conduct survey and initiate action against encroachers after notice.
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.35928 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.35928 of 2024 and W.M.P.No.38813 of 2024 in
W.P.No.35928 of 2024
V.Madhavan S/o.Vadivel
... Petitioner
Vs.
Page Nos.1/6
W.P.No.35928 of 2024
Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to survey the total extent of the property in Survey No.85 and sub division Nos.1, 2 and 3 in the presence of both the parties with correct FMB sketch and revoke the inter change the sub division Nos.1 and 2 and remove the encroachment made by the 4th respondent in the stream and car track to the Agricultural land on the basis of the petitioner's representation dated 12.08.2024.
For Petitioner : Mr.N.Srinivasan For Respondents : Mr.T.K.Sarvanan Government Advocate for R1 to R3
Page Nos.2/6
W.P.No.35928 of 2024
O R D E R
[Order of the Court was made by M.SUNDAR, J. ,]
Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed with a mandamus prayer seeking a mandamus to R1 to R3 to survey 'lands comprised in S.No.85/2 admeasuring 0.52 cents or thereabouts in Sirumathur Village, Kunrathur Taluk, Kancheepuram District' {hereinafter
'said lands' for the sake of convenience and clarity}.
for R1 to R3.
that respondents would conduct a survey and if any encroachment is found qua said lands, action would be initiated in accordance with law after show causing the alleged encroachers on notice.
Page Nos.3/6
W.P.No.35928 of 2024
WP was taken up in the Admission Board itself.
Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order
mk
Page Nos.4/6
W.P.No.35928 of 2024
To
Page Nos.5/6
W.P.No.35928 of 2024
M.SUNDAR, J., and K.RAJASEKAR, J.,
mk
W.P.No.35928 of 2024
02.12.2024
Page Nos.6/6
1 issue framed by the court
Whether the respondents should survey the property in Survey No.85 and sub-divisions to address alleged encroachment?
1 provisions across 1 enactments
V.Madhavan
The District Collector Kancheepuram
The Tahsildar Kundrathur Taluk
The Taluk Head Surveyor Sriperumbudur Taluk
M/s.Preethi Properties and Development Ahmedabad LLP
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
