In this writ petition under Article 226, the Court disposed of the matter by directing the second respondent to pursue and complete the action for removing an encroachment by the fifth respondent within 12 weeks based on proceedings dated 02.04.2024.
Directions to remove the encroachment within 12 weeks of the order date.
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.(MD)No.20764 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.20764 of 2024
H.Somasundaram ... Petitioner
-vs-
5.R.Selvam ... Respondents
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PRAYER:
W.P.(MD)No.20764 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to remove the encroachment made by the fifth respondent in old S.No.170/18A in T.S.No.122, situated in Madakkulam Village, Madurai, on the basis of the proceedings of the fourth respondent dated 02.04.2024, vide Ma5Ee1/001952/2024, in accordance with law, within the time stipulated by this Court.
For Petitioner : Mr.Babu.Rajendran
For R1 and R3 : Mr.P.T.Thiraviyam Government Advocate
For R2 and R4 : Mr.K.K.Kannan Standing Counsel
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Prayer in the Writ Petition reads as follows:-
''To issue a Writ of Mandamus directing the second respondent to remove the encroachment made by the fifth respondent in old S.No.170/18A in T.S.No.122, situated in Madakkulam Village, Madurai, on the basis of the proceedings of the fourth respondent dated 02.04.2024 vide Ma5Ee1/001952/2024 in accordance with law, within the time stipulated by this Court.''
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W.P.(MD)No.20764 of 2024
2 . It is seen from the communication of the Information Officer of
the Madurai Corporation, dated 02.04.2024, that the road in T.S.No.122 has been encroached upon and action has been initiated under the Tamil Nadu Urban Local Bodies Act, 1998.
3 . In view of the same, this Writ Petition is disposed of with the direction to the authorities to pursue the said action and complete the same within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 30.08.2024 smn2
To:-
3.The Tahsildar, Thirupparankundram Taluk, Madurai.
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W.P.(MD)No.20764 of 2024
Zone - 5, Thirupparankundram, Madurai – 625 005.
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W.P.(MD)No.20764 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.20764 of 2024
30.08.2024
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1 issue framed by the court
Whether the authorities should be directed to remove the encroachment on the specific land plot based on recent proceedings.
2 provisions across 2 enactments
H.Somasundaram
The District Revenue Officer, Madurai District, Madurai
The Commissioner, Madurai Corporation, Madurai
The Tahsildar, Thirupparankundram Taluk, Madurai
The Assistant Commissioner, Madurai Corporation, Zone - 5
R.Selvam
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
