Dismissed

A.Shanmugavel v. The District Collector

Madras HC19 Jun 2024WP(MD)/13140/2024

Case brief

AI extract

What is this about?

Writ petition sought removal of encroachment on land in Padiyur Village, Dindigul District. The petitioner had not impleaded the alleged encroachers; on the court's point of non-joinder, counsel sought leave to withdraw and made an endorsement. The petition was dismissed as withdrawn with liberty to file afresh.

What did the court decide?

Dismissed as withdrawn with liberty to file a fresh writ petition impleading the alleged encroachers; no costs.

A.Shanmugavel Vs The District Collector — Municipal and Town Planning | Madras HC (2024)

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W.P.(MD) No.13140 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.06.2024

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CORAM:

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THE HON'BLE MR .R.MAHADEVAN , ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD) No.13140 of 2024

A.Shanmugavel

... Petitioner

-vs-

1.The District Collector Dindigul District, Dindigul

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2.The District Revenue Officer Dindigul District Dindigul

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3.The Revenue Divisional Officer Palani, Dindigul

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4.The Thasildhar Vedasandhur Dindigul District

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5.The Block Development Officer Vadamadurai Dindigul

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6.The President Padiyur Panchayath Dindigul ... Respondents

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_____________ Page 1 of 5_

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https://www.mhc.tn.gov.in/judis

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PRAYER:

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W.P.(MD) No.13140 of 2024

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to remove the encroachment made in Survey No.1903/39 and 1903/40 in Padiyur Village, Vedasandhur Taluk, Dindigul District, based on the communication of the first respondent O.MU.No.2057432/2024/D2, dated 24.05.2024 and recommendation of the seventh respondent dated 24.05.2024, within the period stipulated by this Court.

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For Petitioner : Mr.P.Manikandan For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R4 Mr.A.Kannan Additional Government Pleader for R5 & R6

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O R D E R

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R.MAHADEVAN , A.C.J. And G.R.SWAMINATHAN, J.

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Prayer in this writ petition is to direct the respondents to remove the encroachment made in Survey No.1903/39 and 1903/40 of Padiyur Village, Vedasandhur Taluk, Dindigul District, based on the communication of the first respondent in O.MU.No.2057432/2024/D2, dated 24.05.2024 and recommendation of the seventh respondent dated 24.05.2024, within a time stipulated by this Court.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.13140 of 2024

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2. At the outset, it is to be noted that the petitioner seeks for

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removal of encroachment in the subject land. However, he has not impleaded the alleged encroachers as party respondents. Therefore, when this Court was about to dismiss the writ petition on the ground of non-joinder of necessary parties, learned counsel for the petitioner sought permission of this Court to withdraw this writ petition with liberty to file a fresh writ petition by impleading the alleged encroachers as party respondents and he has also made an endorsement to that effect.

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In view of the endorsement so made, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs.

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[R.M.D., A.C.J.] [G.R.S., J.] 19.06.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk / ias

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.13140 of 2024

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To:

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1.The District Collector, Dindigul District, Dindigul.

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2.The District Revenue Officer, Dindigul District, Dindigul.

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3.The Revenue Divisional Officer, Palani, Dindigul.

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4.The Thasildhar, Vedasandhur, Dindigul District.

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5.The Block Development Officer, Vadamadurai, Dindigul.

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6.The President, Padiyur Panchayath, Dindigul.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.13140 of 2024

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R.MAHADEVAN , A.C.J. and G.R.SWAMINATHAN, J.

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krk / ias

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W.P.(MD) No.13140 of 2024

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19.06.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

A.Shanmugavel v. The District Collector

Case brief

What is this about?

What did the court decide?

A.Shanmugavel v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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