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2019 Supreme(Mad) 3398

N.KIRUBAKARAN, V.PARTHIBAN
K. M. Srirangan – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocate Appeared:
For the Appellant :P. Valliappan, Advocate and Party-in-Person
For the Respondents:K. Venkataramani, Additional Advocate General assisted by R. Vijayakumar, Nagarajan, C. Johnson, Advocates and A.L. Somayaji, Senior Counsel for Krishna Ravindran, Advocate

JUDGMENT :

N. Kirubakaran, J.

1. This Writ Petition has been filed seeking a Writ of Mandamus forbearing the official Respondents from permitting Respondents 6 & 7 to encroach upon 33 feet wide Public road leading from Habibullah Road to Vidhyodaya First Cross Road, which is classified as a road in the Revenue records or put up any illegal construction' therein, by considering the Petitioner's Representation, dated 1.4.2017.

2. The case of the Petitioners is that they are residents of Vidhyodaya Colony, which was developed in 1940s. The original Layout would clearly spell out the Arterial roads and the main entrance to the Colony is through Prakasam Street and Habibullah Road. The 7th Respondent purchased 14 grounds of land. However, it claims right over nearly 18 grounds usurping the road namely 33 feet road connecting Habibullah Road and Prakasam Street. Respondents 6 & 7 has also got Patta in the year 2010 for 18 grounds suppressing the fact that they purchased only 14 grounds by including 33 feet road abutting eastern side, which is a Public road by unlawful means. The Public and the Residents of the area are being stopped from using the said Public road.

3. Further, the said area

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