Prema Ramakrishnan v. the District Collector
Case brief
What is this about?
The High Court of Madras disposed of the second writ petition regarding public road encroachment by recording the State counsel's position under the 1905 Act. The court held the matter closed without expressing any view on the merits to preserve encroachers' rights, noting the 1905 Act as a self-contained Code.
What did the court decide?
No order as to costs. Rights of noticees/alleged encroachers preserved.
What the court decided
W.P. No.38197 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2024
CORAM:
THE HON'BLE MR. JUSTICE M. SUNDAR AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No.38197 of 2024
Prema Ramakrishnan Petitioner
vs.
- The District Collector Salem District, Salem
- The District Revenue Officer Suramangalam Salem District
- The Tahsildar Tahsildar Office Kannankurichi Main Road Gurukkal Colony Manakadu, Salem District - 636 007
- The Block Development Officer Gajjalnaickenpatti – Seshanchavadi Road Panamarathupatti Salem District - 636 204
Issues for consideration
2 issues framed by the court
Whether the allocated writ petition should be disposed of after recording the position of learned State counsel regarding the procedural requirements of the 1905 Act for dealing with encroachment.
Whether the 1905 Act is a self-contained Code requiring the alleged encroacher to be show caused under Section 7 before proceeding.
Parties & counsel
- petitioner
Prema Ramakrishnan
- respondent
The District Collector Salem District, Salem
- respondent
The District Revenue Officer Suramangalam Salem District
- respondent
The Tahsildar Tahsildar Office Kannankurichi Main Road Gurukkal Colony Manakadu, Salem District - 636 007
- respondent
The Block Development Officer Gajjalnaickenpatti – Seshanchavadi Road Panamarathupatti Salem District - 636 204
Case details
As recorded by the court registry
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