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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN
M.Meenakshi Sundaram – Appellant
Versus
District Collector – Respondent
| Table of Content |
|---|
| 1. layout history and street encroachment via plot subdivision. (Para 2 , 3) |
| 2. petitioner's locus and invalidity of revenue objections. (Para 4 , 5) |
| 3. statutory duties to protect public roads. (Para 6) |
| 4. road vesting and boundaries prevail principle. (Para 8 , 9 , 10) |
| 5. mandamus for removal and tax forbearance. (Para 11 , 12) |
ORDER :
G.R.SWAMINATHAN, J.
Heard both sides.
2.The petitioner is a resident of Teachers Colony located within the territorial limits of Ariyakulam Panchayat. He has filed this writ petition to forbear the local body from assessing the constructions put up by the fifth and sixth respondents in what was shown as 11th cross street in the Teachers Colony Lay out. According to the petitioner, Teachers Colony Layout was formed sometime in the year 1983. It was not an approved layout. The layout measures 42 acres and 40 cents. It originally belonged to five persons, namely, Achariya Thangapalam, Seshadri, Sundarathammal, Sridharan and Dhandapani Nadar. The layout was promoted by T.S.Anthony Jebamalai and Anthony Pandian. They had taken joint power of attorney from Seshadri, Sundarathammal, Sridharan and M.Dhandapani Dhadhar. Achariya Thangapalam had give
Public roads in layouts vest in panchayat upon formation and gifting; encroachments thereon prohibited, tax assessment barred, removal mandatory under Panchayats Act.
Writ court declines interference in civil property/encroachment disputes; direct to civil court.
The construction of the temple, although encroaching public land, does not currently obstruct public traffic; removal of unauthorized structures will occur only as necessary and according to law.
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