The Court disposed of the writ petition recording the submission by the Special Government Pleader that a survey had been conducted, encroachment was found, and action would be initiated under the Tamil Nadu Highways Act, preserving the rights of private respondents. No mandamus was issued.
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.38043 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.38043 of 2024
M. Pari
Petitioner
vs.
Wallajah Taluk Ranipet District
Wallajah Taluk Ranipet District
W.P. No.38043 of 2024
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 6 to consider the petitioner's representation for removal of encroachment in Ammoor Village of Wallajah Taluk in Ranipet District dated 11.03.2024 within a time limit and for a further direction to the sixth respondent to measure the said pathway in S.No.657 of Ammoor Village of Wallajah Taluk in Ranipet District and file a report before the respondents 1 to 5.
For petitioner Mr. M. Anantharaj For RR 1-3 & 5 & 6 Mr. V. Ravi Special Govt. Pleader For R4 Mr. E. Raj Thilak Additional Public Prosecutor
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W.P. No.38043 of 2024
ORDER
(made by M. SUNDAR, J.)
Captioned 'Writ Petition' (for the sake of brevity 'WP') pertains to land comprised in Survey No.657, Ammoor Village, Wallajah Taluk, Ranipet District (for the sake of brevity 'said property').
song of the writ petitioner in the representation as well as in the hearing is that there is encroachment in said property and that the alleged encroachers are respondents 7 to 10 (private respondents).
4. Issue notice to official respondents.
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W.P. No.38043 of 2024
notice for respondents 1 to 3, 5 and 6. Mr. E. Raj Thilak, learned Additional Public Prosecutor, accepts notice for respondent 4.
that survey has been conducted qua said property, encroachment has been found and action will be initiated under Tamil Nadu Highways Act, 2001 (for clarity and convenience 'T.N. Highways Act'). Learned Special Government Pleader makes a specific submission that action under T.N.Highways Act would necessarily mean show causing the alleged encroachers inter alia under Section 28 (2) (ii) of T.N. Highways Act. This means that the rights and contentions of private respondents (respondents 7 to 10) and/or any other encroacher will stand preserved when show caused. As there is adequate safety valve in terms of private respondents being show caused, captioned main WP is taken up with the consent of learned counsel on both sides.
W.P. No.38043 of 2024
private respondents and/or other similarly placed encroachers are preserved. We deem it appropriate to dispose of captioned WP by recording stated position of the learned Special Government Pleader who has accepted notice for respondents 1 to 3, 5 and 6. We do so.
(M.S., J.) (K.R.S., J.) 12.12.2024
Index : Yes/No NC : Yes/No cad
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W.P. No.38043 of 2024
M. SUNDAR, J. and
K. RAJASEKAR, J.
cad
To
Wallajah Taluk, Ranipet District
Wallajah Taluk, Ranipet District
W.P. No.38043 of 2024
12.12.2024
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1 issue framed by the court
Whether the official respondents should consider the petitioner's representation for removal of encroachment on highway land within a time limit.
3 provisions across 2 enactments
M. Pari
The District Collector Office of the District Collector Ranipet District
The Divisional Engineer Office of the Highways Department Construction and Maintenance Wallajah Taluk Ranipet District
The Assistant Divisional Engineer Office of the Highways Department Construction and Maintenance Wallajah Taluk Ranipet District
The Superintendent of Police Office of the Superintendent of Police Ranipet District
The Divisional Engineer Office of the TANGEDCO Wallajah Taluk Ranipet District
M. SUNDAR
K. RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
