The Court disposed of the writ petition under Article 226 for want of documents proving the subject property is a waterbody and for lack of the alleged civil judgment decree. The petitioner was directed to file a fresh petition with authentic documents.
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W.P.No.6594 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.6594 of 2024
J.Rahamath Nisha
.. Petitioner
Vs.
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W.P.No.6594 of 2024
Prayer: 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 the respondents 5 to 7 in the waterbody in Old S.No.127/6B in V.Marudur Village No.108 in Shanmugapuram Colony, Villupuram District and consequently direct the respondents 1 to 4 to cancel the patta issued in favour of 5th respondent on the basis of the petitioner's representation dated 17.05.2022 to the 2nd respondent.
For the Petitioner : Mr.R.T.Vijayaraaghavan For the Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R4
ORDER
(Made by the Hon'ble Chief Justice)
Heard Mr.R.T.Vijayaraaghavan, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 4.
document is placed on record to demonstrate that the subject writ property is a waterbody.
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W.P.No.6594 of 2024
be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 15.03.2024 Index : Yes/No Neutral Citation : Yes/No
drm
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W.P.No.6594 of 2024
To
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W.P.No.6594 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.P.No.6594 of 2024
15.03.2024
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2 issues framed by the court
Whether a writ petition seeking to remove encroachment from a waterbody can be decided without documentary proof that the subject property is a waterbody.
Whether the writ petition can be decided in the absence of the civil judgment and decree alleged to have been passed in favour of the private respondents.
J.Rahamath Nisha
The District Collector Villupuram District
The District Revenue Officer Office of District Collectorate Villupuram District
The Head Quarters Tahsildar Office of the Tahsildar Villupuram
The Surveyor (Land) Villupuram Municipality
Sivanandam @ Nandu
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
