The Madurai Bench of Madras High Court dismissed a writ petition seeking a mandamus for removal of encroachment at a public place, noting the land was in the name of private individuals in revenue records, holding the writ did not lie.
The writ petition was dismissed; no costs awarded.
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.21754 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.21754 of 2024 and W.M.P.(MD)No.18379 of 2024
P.Sivanraj ... Petitioner
-vs-
Thoothukudi District.
6.Paunraj
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W.P.(MD) No.21754 of 2024
7.Seemonraj
8.Mottaiyasamy Aasari
9.Daniel
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action for removal of encroachment made by individuals at public place at Survey No.33/2, at Keeleseithalai Village, Santhigiri Post, Ottapidaram Taluk, Thoothukudi District and dispose of the representation dated 17.08.2024 made by the petitioner.
For Petitioner : Mr.P.Krishnasamy For Respondents 1 to 5 : Mr.P.Thilakkumar Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents 1 to 5. Since we are not passing any adverse order, notice to the respondents 6 to 9 is deemed unnecessary. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2.The prayer in the Writ Petition reads as follows:-
“to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action for removal of encroachment made by individuals at public place at Survey No.33/2, at Keeleseithalai Village, Santhigiri Post, Ottapidaram Taluk, Thoothukudi District and
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W.P.(MD) No.21754 of 2024
dispose of the representation dated 17.08.2024 made by the petitioner.”
3.The perusal of the records filed by the petitioner himself shows that the land is Rayathuvari (uaj;Jthup ) land and the patta has been issued to various people and the revenue record stand in the name of private individuals.
4.The Writ Petition does not lie and hence, the Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.
[R.S.M., J.] [L.V.G., J.] 12.09.2024
NCC : Yes/No Index : Yes/No Internet : Yes Mrn
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W.P.(MD) No.21754 of 2024
To
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W.P.(MD) No.21754 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Mrn
W.P.(MD) No.21754 of 2024
12.09.2024
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1 issue framed by the court
Whether a writ petition for removal of encroachment on land wherein the revenue record stands in the name of private individuals is maintainable.
1 provisions across 1 enactments
P.Sivanraj
The District Collector, Thoothukudi District
The Revenue Divisional Officer, Kovilpatti
The Tahsildar, Ottapidaram Taluk
The Monitoring Committee, Tahsildar, Ottapidaram Taluk
The Village Administrative Officer, Santhiragiri Village
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
