N.Prabakaran vs The Commissioner
2023 Latest Caselaw 2963 Mad

                                                                             W.A.No.633 of 2023


                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED:   21.03.2023

                                                         CORAM

                                     THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE

                                                           AND

                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               Writ Appeal No.633 of 2023

                     N.Prabakaran                                       ..   Appellant

                                                           Vs.

                     1. The Commissioner
                        Salem Corporation
                        Salem.

                     2. Thavamani                                       ..   Respondents



                     Prayer: Appeal under Clause 15 of Letters Patent against the order
                     dated 13.02.2023 made in W.P.No.361 of 2021.



                                     For the Appellant       : Mr.R.Nalliyappan

                                     For the Respondents     : Ms.N.Devi
                                                               Standing Counsel
                                                               for Respondent-1




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                    W.A.No.633 of 2023




                                                         JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice)

This writ appeal has been directed against the order of the

learned Single Judge dated 13.02.2023 made in W.P.No.361 of 2021.

2. It is the case of the appellant that the second respondent has

encroached the public road and odai and constructed the building,

without obtaining approval from the first respondent herein.

3. The learned Single Judge, on the basis of the report submitted

by the Advocate Commissioner appointed by this Court, came to the

conclusion that there was no encroachment in the Odai Poramboke

land and that the prosecution has already been initiated by the learned

Judicial Magistrate, Salem against the second respondent for

constructing the building without obtaining permission from the

authorities, dismissed the writ petition.

4. In view of the fact that action has been initiated before the

learned Judicial Magistrate, Salem, against the second respondent for

https://www.mhc.tn.gov.in/judis W.A.No.633 of 2023

putting up construction, without obtaining proper permission, the

learned Single Judge dismissed the writ petition. Hence, we do not find

any reason to interfere with the order of the learned Single Judge.

Accordingly, the writ appeal is dismissed.

                                                                  (T.R., ACJ.)   (D.B.C., J.)
                                                                         21.03.2023

                     Index              : Yes/No
                     Neutral Citation   : Yes/No

                     kpl



                     To

                     The Commissioner
                     Salem Corporation
                     Salem.

https://www.mhc.tn.gov.in/judis W.A.No.633 of 2023

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J

(kpl)

W.A.No.633 of 2023

21.03.2023

https://www.mhc.tn.gov.in/judis