Writ petition seeking removal of encroachment on government land. The court recorded the Government Advocate's assurance that a survey is underway and notices issued. The petition was disposed of as closed preserving rights of alleged encroachers.
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.37066 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.12.2024
CORAM:
THE HON'BLE MR. JUSTICE M. SUNDAR AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No.37066 of 2024
Jeyaraman Petitioner
vs.
Writ Petition filed under Article 226 of the Constitution of India
seeking a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by respondents 5 6o 7 as found in No.19/4 in 1/6
W.P. No.37066 of 2024
Kariyaperuma Valasai Village, Uthangarai Taluk, Krishnagiri District, being Government land within a time frame.
For petitioner Mr. J. Pradeep
For RR 1 to 3 Mr. T.K. Saravanan Government Advocate
For R4 Mr. P. Gurunathan Additional Govt. Pleader
ORDER
(made by M. SUNDAR, J.)
Captioned 'writ petition' (for the sake of brevity 'WP') pertains to 'Survey No.19/4 in Kariya Perumal Valasai Village, Uthangarai Taluk, Krishnagiri District' (for the sake of brevity 'said land').
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representation has already been sent to first respondent (District Collector, Krishnagiri).
notice for respondents 1 to 3. As regards fourth respondent, Mr.P.Gurunathan, learned Additional Government Pleader, accepts notice.
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the alleged encroachers shall be show caused, be it respondents 5 to 7 and or any other encroacher. This preserves the rights of respondents 5 to 7 (private respondents). We also add that all the rights and contentions of respondents 5 to 7 (private respondents) and or any other alleged encroacher, who may be show caused, remain preserved when show caused if that be so and if that is the case. In this view of the matter, we deem it appropriate to take the main writ petition in the admission board with the consent of both sides.
reasoning thus far, this Court is of the considered view that it will suffice to
record the stated position of the learned Government Advocate and dispose of the captioned WP as closed. We do so.
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albeit recording stated position of learned Government Advocate. There shall be no order as to costs.
(M.S., J.) (K.R.S., J.) 12.12.2024
Index : Yes/No NC : Yes/No cad To
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M. SUNDAR, J.
and
K. RAJASEKAR, J.
cad
W.P. No.37066 of 2024
12.12.2024
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1 issue framed by the court
Whether encroachment on government land exists and requires removal?
1 provisions across 1 enactments
Jeyaraman
The District Collector Krishnagiri District
The Revenue Divisional Officer Uthangarai
The Tahsildar Uthangarai Taluk
The Block Development Officer Uthangarai
Kantha
M. Sundar
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
