R.Chinnaraji v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE M.SUNDAR AND THE HONOURABLE Mr. JUSTICE HEMANT CHANDANGOUDAR R.Chinnaraji ..

Petitioner Vs.

1.The District Collector Krishnagiri District 2.The District Revenue Officer Krishnagiri, Krishnagiri District 3.The Revenue Divisional Officer Krishnagiri Krishnagiri District 4.The Tahsildar Krishnagiri Krishnagiri District 5.Muthu 6.Murugan 7.Sivalingam 8.Saravanan 9.Murugesan 10.Rangasami .. Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India praying for issue of a writ of mandamus directing the respondents 1 to 4 to evict the encroachment as found in Survey Nos.339/2 and 342/2 to the extent of 0.39.0 and 0.08.0 hectares of land situate at Karadihalli Village Taluk, Krishnagiri Taluk and District, being a cart track, within a time frame.

For petitioner : Ms.R.Geethalakshmi for Mr.J.Pradeep For RR1 to 4 : Mr.T.K.Saravanan Additional Government Pleader

O R D E R

(Made by M.SUNDAR, J.) Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'cart track in Survey Nos.339/2 and 342/2 to the extent of 0.39.0 hectare and 0.08.0 hectare respectively' (hereinafter 'said lands' for the sake of convenience and clarity).

2.

Request for removal of aforereferred alleged encroachments by way of representation dated 15.11.2021 has not yielded results and that has necessitated captioned WP, is the submission of 2/6

Ms.R.Geethalakshmi, learned counsel representing Mr. J. Pradeep, learned counsel on record for writ petitioner. 3.

Mr. T.K. Saravanan, learned Additional Government Pleader, appearing for RR 1 to 4, submits, on instructions, that survey of said lands will be done within a period of six weeks from today, i.e., on or before 28.07.2025 (after putting on notice all concerned, including the writ petitioner) and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) as expeditiously as the business of official respondents would permit but in any event within a period of six weeks therefrom, i.e., on or before 08.09.2025. This submission is recorded.

4.

Though obvious, we make it clear that all the rights and contentions of RR 5 to 10 (private respondents) stand preserved and this order does not impinge upon their rights. Therefore, there is no impediment in dispensing with notice to private respondents and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so. 3/6

5.

In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel. There shall be no order as to costs. (M.S., J.) (H.C., J.) 16.06.2025 Index : Yes/No gya/cad 4/6

To 1.The District Collector Krishnagiri District 2.The District Revenue Officer Krishnagiri Krishnagiri District 3.The Revenue Divisional Officer Krishnagiri Krishnagiri District 4.The Tahsildar Krishnagiri Krishnagiri District 5/6

M.SUNDAR, J.

AND HEMANT CHANDANGOUDAR, J.

gya/cad 16.06.2025 6/6