Writ of mandamus sought to remove encroachment on a public pathway by private respondents. The court declined to decide merits and directed the Panchayat President to act under Section 131 of the Tamil Nadu Panchayats Act, with reference to the Tahsildar under the Land Encroachment Act if needed, completing the exercise within five months.
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.7758 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2024
CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.7758 of 2024
Mounasamy
... Petitioner
vs.
Page No.1 of 6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7758 of 2024
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 respondents 5 to 14 on the detailed pathway passing through Survey Nos.842 to 846 at Porulur Village by considering the representation dated 24.02.2022 within a time frame.
For Petitioner : Mr.D.Venkatesh For R1 & R2 : Mr.N.Satheesh Kumar Additional Government Pleader For R3 & R4 : Mr.S.P.Maharajan Special Government Pleader For R5 & R7 to R11 : Mr.N.Rajasekar For R12 : No appearance
Page No.2 of 6 https://www.mhc.tn.gov.in/judis
R.MAHADEVAN, A.C.J. AND G.R.SWAMINATHAN, J.
ORDER
W.P(MD)No.7758 of 2024
Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader for the respondents 1 and 2, learned Special Government Pleader for the respondents 3 and 4 and the learned counsel for the private respondents.
Page No.3 of 6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7758 of 2024
respondent will have to refer the matter to the 2nd respondent. In that event, the 2nd respondent will have to invoke his power under the provisions of the Tamil Nadu Land Encroachment Act, 1905. when the 2nd respondent initiates action, the noticees can avail all the statutory remedies open to them. All that we direct is that if encroachment of public pathway is noticed, it shall be removed. Due process of law will be adhered to. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order.
[R.M.D., A.C.J.] & [G.R.S., J.] 20.06.2024 Index : Yes / No Neutral Citation : Yes / No bala To
Page No.4 of 6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7758 of 2024
Page No.5 of 6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.7758 of 2024
R.MAHADEVAN, A.C.J. AND G.R.SWAMINATHAN, J.
bala
W.P(MD)No.7758 of 2024
20.06.2024
Page No.6 of 6 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the alleged encroachment on a public pathway in Porulur Village should be removed through statutory action under the Tamil Nadu Panchayats Act and Land Encroachment Act.
2 provisions across 2 enactments
Mounasamy
The District Collector, Dindigul District
The Tahsildar, Oddanchatram Taluk, Dindigul District
The Block Development Officer, Thoppampatti Village Panchayat
The President, Porulur Village Panchayat
A.Kuppana Gounder
R.Mahadevan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
