In a writ petition alleging encroachment on a public pathway, the Hon'ble High Court dismissed the claim due to lack of evidence that the land was a pathway. The Court directed the petitioner to approach the appropriate Committee under the Government Order before any action is taken and disposed of the petition.
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W.P.No.6237 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.6237 of 2024
D.Palanisamy
Petitioner
Vs.
Oolaiyure, Andimadam Taluk.
Respondents
Page 1 of 5
W.P.No.6237 of 2024
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st respondent herein to consider petitioner representation/application dated 20.01.2024 for conducting enquiry/appropriate action and to remove/ demolish the entire construction which had been made by the 6th respondent on the public pathway, shown in details in the schedule given hereunder, comprised in S.No.461/17 at Oolaiyure village, Aandimadam Taluk, Ariyaloore district so as to restore the public pathway / passage in the original status in which it was before.
For the Petitioner : Mr.AL.Ramamoorthy
For the Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R5
ORDER
(Made by the Hon'ble Chief Justice)
Heard Mr.AL.Ramamoorthy, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 to 5.
Page 2 of 5
W.P.No.6237 of 2024
(S.V.G., CJ.) (D.B.C., J.) 08.03.2024 Index : Yes/No Neutral Citation : Yes/No
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Page 3 of 5
W.P.No.6237 of 2024
To
Page 4 of 5
W.P.No.6237 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.P.No.6237 of 2024
08.03.2024
Page 5 of 5
3 issues framed by the court
Whether the writ petition alleging encroachment on a public pathway should be disposed of as no documents demonstrated the land was a pathway.
Whether the petitioner should approach the appropriate Committee constituted under the Government Order bearing G.O.Ms.No.64 dated 08.02.2022.
Whether the writ petition stands disposed of without order as to costs.
1 provisions across 1 enactments
D. Palanisamy
The District Collector The Collectorate, Ariyalur
The Tahsildar Office of the Tahsildar (Taluk Office) Andimadam
The Tahsildar (Revenue) Taluk Office, Andimadam
The District Revenue Officer The Collectorate, Ariyalur
The Village Administrative Officer VAO – Office Oolaiyure, Andimadam Taluk
Sanjay V. Gangapurwala
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
