Writ petition filed under Article 226 seeking Mandamus to direct respondent authorities to remove encroachment on a public road by the petitioner within twelve weeks following a survey.
Director to Thasildar to survey area and direct respondents 1-4 to remove encroachment within 12 weeks under TN Land Encroachment Act.
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.21464 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.21464 of 2024 and W.M.P.(MD) No.18148 of 2024
A.Selvakumar ... Petitioner
-vs-
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 to 4 to remove the encroachment made by the 5th respondent in the common public road comprised in Sur.No. 505/2 situated at Nakkalapatti Village, Usilampatti
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W.P.(MD)No.21464 of 2024
Taluk, Madurai District within a stipulated time period in accordance with law by considering the petitioner representation dated 25.05.2024 and its remainder date 05.06.2024.
For Petitioner : Mr.C. Senthil Murugan For R-1 to R-4 : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
The prayer in the writ petition reads as follows:
“ To issue a Writ of Mandamus to direct the respondents 1 to 4 to remove the encroachment made by the 5th respondent in the common public road comprised in Sur.No. 505/2 situated at Nakkalapatti Village, Usilampatti Taluk, Madurai District within a stipulated time period in accordance with law by considering the petitioner representation dated 25.05.2024 and its remainder date 05.06.2024.”
Since we are not passing any order that would adversely affect the interest of R5, notice to R5 is dispensed with.
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costs. Consequently, connected miscellaneous petition is closed.
[R.S.M., J.] [L.V.G., J.]
09.09.2024
NCC : Yes/No Index : Yes/No Internet : Yes Sml To
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W.P.(MD)No.21464 of 2024 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml
W.P.(MD)No.21464 of 2024
09.09.2024
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2 issues framed by the court
Whether to direct the District Collector and Revenue authorities to remove encroachment on a public road.
Whether to consider the petitioner's representation regarding alleged encroachment and issue relief.
2 provisions across 2 enactments
A.Selvakumar
The District Collector/Monitoring Comittee, Madurai District
The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti Taluk, Madurai District
The Block Development Officer, Usilampatti Taluk, Madurai District
The Thasildhar, Usilampatti Taluk, Madurai District
Rameshkumar
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
