S.Dinesh Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Dinesh Kumar : Petitioner Vs 1.The District Collector, The Collectorate Office Salem 636 001 2.The Tahsildar Thalaivasal Taluk Attur, Salem 3.The Village Administrative Officer, Manivilunthaan North Thalaivasal Attur, Salem 4.The Revenue Divisional Officer, Revenue Division Office Attur, Salem : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st Respondent to remove the encroachments in the Survey Numbers namely 17/1, 18/1, 19/1, 19/5, 20/6, 22/2, 23/5, 30/2, 31/2, 36/2, 37/2, 38/1, 39/2, 40/2, 605, 676

lying in Manivizhundhaan North Village, Thalaivasal Taluk, Salem District and restore the Cart Track/Public Road to its original width of 20 feet as mentioned in the FMB sketch of the above Survey Numbers within a timeframe. For Petitioner :

Mr.Shabeer Ali, H.

For Respondents :

Mr.K.Karthik Jegannath, Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) It appears to be more a private interest litigation than a public interest litigation.

2. Petitioner, who is alleging various others to be encroachers, is himself stated to be an encroacher though counsel for petitioner denies. Counsel states that if petitioner is found to be an encroacher, certainly, respondents can take action against petitioner.

3. Shri Karthik Jegannath for respondents has filed an affidavit of the Tahsildar one Balaji, affirmed on 16 April 2025 in which nine

encroachments have been identified upon survey. It is stated in the affidavit in reply that even petitioner is an encroacher. In paragraph No.5, it is submitted that notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 have been issued to the encroachers, including petitioner. Petitioner has replied on 20 April 2025. Shri Jegannath states that other encroachers have also replied, and within one month from today, orders will be passed. If encroachment is found, prompt action will be taken to remove all the encroachments.

4. Statement accepted as an undertaking of the District Collector, respondent No.1.

5. Petition stands disposed of. There will be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 05.06.2025 Index : Yes/No : Yes/No tar

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) To 1.District Collector, Salem 636 001 2.The Tahsildar Thalaivasal Taluk, Attur, Salem 3.The Village Administrative Officer, Manivilunthaan North Thalaivasal Attur, Salem 4.The RDO, Attur, Salem 05.06.2025