Petitioner sought mandamus to remove encroachments from a stream in Nallagoundampalayam village. The court noted he had not approached the authorities about non-execution of an earlier order and directed him to seek implementation before agitating further, disposing of the writ petition.
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.396 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.396 of 2024
M.Sivasubramanium
.. Petitioner
Vs.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondent 3 to remove the encroachments made in Oodai (Stream) situated at R.S.No.160/1 of Nallagoundampalayam Village, Erode Taluk, Erode District within a time frame.
Page 1 of 4
W.P.No.396 of 2024
For the Petitioner : Mr.B.M.Subash
For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4
ORDER
(Made by the Hon'ble Chief Justice)
Heard Mr.B.M.Subash, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 4.
approached the concerned authorities and submits that the order dated 23.12.2022 is not being executed. In case some orders are passed, referable to the legal provisions, and the same are not being implemented, then the petitioner may approach the authority concerned for implementation of the same and if they are not implementing the order even after the petitioner approaches them, then the petitioner may agitate in respect of the same.
Page 2 of 4
W.P.No.396 of 2024
There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 10.01.2024 Index : Yes/No Neutral Citation : Yes/No
drm
To
Erode Taluk, Erode District – 638 001.
Page 3 of 4
W.P.No.396 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.P.No.396 of 2024
10.01.2024
Page 4 of 4
1 issue framed by the court
Whether a writ of mandamus should issue to remove encroachments in an Oodai (stream) without first approaching the concerned authorities for implementation of an existing order?
1 provisions across 1 enactments
M.Sivasubramanium
The District Collector Erode District, Erode
The District Revenue Office Chitode Town Panchayat Erode
The Tahsildar Erode Taluk
The Executive Officer Town Panchayat Chitode
N.Thambanan
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
