G.Palanisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR G.Palanisamy ...
Petitioner vs.
1. The District Collector Dharmapuri District At Dharmapuri
2. The Tahsildar Nallampalli Taluk Dharmapuri District
3. Thiru.Govindaraj
4. Thiru. Madhu ...
Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing Respondents 1 and 2 to remove the encroachment made on the public lane situated in Survey No.351/30, Kammampatti Village, Nallampalli Taluk, Dharmapuri District by the respondents 3 and 4 based on the notice issued under Sections 6 and 7 of the Tamil Nadu Land Encroachment Act, 1905 by the second respondent dated 06.09.2021 and representation dated 05.12.2021 given by the petitioner and Page Nos.1/8
maintain the same as a road within a stipulated period of time. For petitioner :
Mr. B.Gopalakrishnan For Respondents :
Mr. K.Suresh Government Advocate for R1 and R2 Mr.V.R.Anna Gandhi for R3 R4 - Abated
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' ['WP' for the sake of brevity] has been filed with a 'Removal of Encroachment' ['RoE'] prayer i.e., to mandamus official respondents 1 and 2.
2. Subject matter of captioned WP is 'S.No.351/30 in Soliyanur Village, Nallampalli Taluk, Palayam Sub-Taluk, Dharmapuri District' [hereinafter 'said land' for the sake of brevity].
3. Learned counsel for writ petitioner submits that RoE is sought as said land admeasuring 100 sq.ft or thereabouts is a lane (re;J).
4. Mr.K.Suresh, learned Government Advocate for official respondents (R1 and R2) has placed before us 'proceedings dated Page Nos.2/8
24.06.2025 bearing reference e/f/vz;/912-2025-m3 made by R2' [hereinafter 'said proceedings' for the sake of convenience] and a scanned reproduction of the same is as follows:
Page Nos.3/8
Page Nos.4/8
Page Nos.5/8
5. The said proceedings speaks for itself.
6. A perusal of said proceedings brings to light that a notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} was issued qua private respondents (notice dated 24.03.2025) and thereafter, an order dated 22.04.2025 was made by R2 under Section 6 of said 1905 Act.
7. Be that as it may, aforementioned said proceedings has been made after Section 6 order.
8. As regards private respondents, Mr.V.R.Annagandhi, learned counsel submits that R4 is no more, his demise was sometime in May of 2025 and he has no instructions from the legal heirs. Therefore, writ petition abates as regards R4.
9. As regards RoE prayer of the writ petitioner, it is now open to the writ petitioner to assail said order made by R2 and all questions are left open for this purpose.
10. Learned counsel for private respondent (R3) submits that a fresh notice under Section 7 of said 1905 Act has been issued. It is open to the Page Nos.6/8
noticee to meet the same by sending a response, which shall be dealt with on its own merits and in accordance with law.
11. This Court gives a closure to the captioned WP in the light of said order of R2 leaving open all rights and contentions of writ petitioner and/or any other person concerned with the matter to assail said order, if so advised and if so desired.
Captioned WP disposed of in the aforesaid manner. There shall be no order as to costs.
[M.S., J.] [H.C., J.] 01.07.2025 gpa Index : Yes / No Speaking order / Non-speaking order Page Nos.7/8
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
gpa To
1. The District Collector Dharmapuri District At Dharmapuri
2. The Tahsildar Nallampalli Taluk Dharmapuri District 01.07.2025 Page Nos.8/8