Disposed

Dhanapal R v. The District Collector

Madras HC29 Jan 2024WP(MD)/1663/2024

Case brief

AI extract

What is this about?

Petitioners sought a mandamus to remove an alleged encroachment by the fifth respondent in a cart track in Vilar Village, Thanjavur. Without going into merits, the Court directed the Tahsildar to decide the petitioners' representation on merits after hearing all affected parties within twelve weeks.

What did the court decide?

Direction to the Tahsildar to decide the representation dated 17.10.2023 on merits with hearing, within twelve weeks; no order as to costs.

Dhanapal R Vs The District Collector — Property and Title | Madras HC (2024)

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W.P.(MD) No.1663 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.01.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

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and

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.1663 of 2024

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1.R.Dhanapal 2.M.Alaudeen ... Petitioners

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Vs.

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1.The District Collector, Thanjavur District, Thanjavur. 2.The District Revenue Officer, Thanjavur District, Thanjavur. 3.The Revenue Divisional Officer, Thanjavur Division, Thanjavur. 4.The Tahsildar, Thanjavur Taluk, Thanjavur. 5.A.Mynavathi ... Respondents

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_____________ Page 1 of 6_

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

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W.P.(MD) No.1663 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 1 to 4 to remove the encroachment made by the 5^th respondent in the cart track in Survey No. 137/7, Vilar Village, Thanjavur Taluk, Thanjavur District by considering the petitioners' representation dated 17.10.2023.

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For Petitioners : Mr.M.P.Senthil For Respondents : Mr.N.Satheeshkumar, Addl. Govt. Pleader for R1 to R4

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O R D E R

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5^th respondent in the cart track in Survey No. 137/7, Vilar Village, Thanjavur Taluk, Thanjavur District by considering the petitioners' representation dated 17.10.2023.

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Page 2 of 6

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

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W.P.(MD) No.1663 of 2024

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2 . This Writ Petition is taken up for final disposal at the admission stage

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itself.

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3. According to the petitioners, the 5^th respondent has made

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encroachments in the property in question. In this regard, the petitioners made a representation on 17.10.2023, seeking to remove the encroachment made by the 5^th respondent. Since no action was taken on the said representation, the petitioners have filed this Writ Petition.

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4. Considering the limited scope of the prayer, without going into the merits of the case, we direct the 4^th respondent to consider the representation of the petitioners dated 17.10.2023 and pass orders on merits and in accordance with law after providing opportunity to the petitioners as well as to the fifth respondent or any other aggrieved persons, within a period of twelve weeks from the date of receipt of a copy of this order.

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Page 3 of 6

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

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W.P.(MD) No.1663 of 2024

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5 . With the above direction, this Writ Petition is disposed of. There shall

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be no order as to costs.

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vsm NCC : Yes / No Index : Yes / No

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[D.K.K., J.] [R.V., J.] 29.01.2024

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Page 4 of 6

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

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W.P.(MD) No.1663 of 2024

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1.The District Collector, Thanjavur District, Thanjavur.

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2.The District Revenue Officer, Thanjavur District, Thanjavur.

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3.The Revenue Divisional Officer, Thanjavur Division, Thanjavur.

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4.The Tahsildar, Thanjavur Taluk, Thanjavur.

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Page 5 of 6

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

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W.P.(MD) No.1663 of 2024

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D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.

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vsm

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W.P.(MD) No.1663 of 2024

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29.01.2024

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_____________ Page 6 of 6_

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

Dhanapal R v. The District Collector

Case brief

What is this about?

What did the court decide?

Dhanapal R v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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