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Madras High CourtWP/5225/2024dismissed

K.Raja v. The District Collector

2026-04-20Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2026

CORAM:

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr. JUSTICE K.SURENDER and W.M.P.Nos.5743 of 2024 and W.M.P.Nos.32911 & 32914 of 2025

1. K.Raja, S/o.Kannan

2. Raja Ganapathy, S/o.Venu

...Petitioners in both W.Ps.

Vs.

1. The District Collector, Thiruvannamalai District.

2. The Revenue Divisional Officer, Thiruvannamalai District.

3. The Tahsildhar, Chengam Taluk, Thiruvannamalai District.

...Respondents

inW.P.No.5225 of 2024

1. The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai District.

2. The Assistant Director of Survey, Thiruvannamalai District.

3. The Special Thasildhar (ADW) Adidravidar Welfare, Chengam Taluk, Thiruvannamalai District.

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4. The Thasildhar, Chengam Taluk, Thiruvannamalai District.

5. The FIRKA Surveyor, Pachal FIRKA, Chengam Taluk, Thiruvannamalai District.

6. The Village Administrative Officer, Arattavadi Village, Chengam Taluk, Tiruvannamalai District.

... Respondents in W.P.No.3458 of 2025 PRAYER in W.P.No.5225 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to grant Rs.10 lakhs as compensations to each of the petitioners towards damages for demolition of their residential house and consequently direct the respondents to place the petitioners in possession of their property in Plot No.2 & 7 in survey No.56/1C

(2) Pinjur village, Chengam Taluk, Thiruvannamalai District. PRAYER in W.P.No.3458 of 2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to measure and identify the petitioner's property comprised in patta in plot Nos.2 & 7 comprised in survey No.56/1C (2) & 56/3C2 Pinjur village, Chengam Taluk, Thiruvannamalai District while application dated 03.04.2023.

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For Petitioner [in both W.Ps.] : Mrs.S.Suneetha For Respondents :

Mr.T.Arun Kumar, Additional Government Pleader [1 to 3] in W.P.No.5225 of 2024 and [1 to 6] in W.P.No.3458 of Order [Order of the Court was made by S.M.SUBRAMANIAM, J.] The Relief as such sought for the in the present writ petition is to seek compensation to each of the petitioners towards damages for demolition of their residential house and consequently direct the respondents to place the petitioners in possession of their property and also to measure and identify the petitioners' property in Plot No.2 & 7 in survey No.56/1C (2) & 56/3C2 Pinjur village, Chengam Taluk, Thiruvannamalai District

2. The relevant authorities removed the encroachments during the course of the survey by following the procedures contemplated under the relevant statutes and by affording the parties an opportunity to be heard. Thus, the petitioners are not entitled to any relief. The relevant portions of the counter-affidavit filed by the third respondent are as follows: "7. It is submitted that at the north of 3/7

S.No.56/21 in the Street S.No.56/19 a temporary structure with plaited coconut palm leafs has been raised by the petitioners obstructing the way through the street referred to above. As there were complaints from the residences on the above action of the petitioners, the temporary structure referred to above has been removed with the help of the local people by this respondent and with the assistance of local police. There was no any law and order problems in this process. As stated above it was only structure obstructing the way and not a built up residence house as contended by the petitioners. No door number was assigned and no electric connection was existed above the structure and was not used for residence. It is only on vengeance against somebody of the residence for one or other reasons and nothing else. All other conditions or the false and to be proved by petitioners. A photo copy of the structure is submitted here with for the favour of perusal by Honourable Court.

......

9. I humbly submitted that the 1st petitioner is residing in the House Constructed at S.No.11/46 is residing in the Pinjur Village. 2nd petitioner is residing in the House at S.No. Is residing in the Kriyamangalam Revenue Village. In fact there is no damages to these two houses and are in good condition. I again submit that no building demolished by and only the materials 4/7

used to raise temporary structure across the street were removed. Photo copies of the temporary structure is submitted here with for favour of perusal of the Hon'ble High Court. Hence this writ petition deserves no consideration and may be dismissed as devoid of merits."

3. In view of the above factual position, the writ petition in W.P.No.5225 of 2024 stands dismissed. No costs. Connected miscellaneous petitions are closed.

4. In view of the order passed in W.P.No.5225 of 2024 and in view of the fact that the encroachments have already been removed, conducting resurvey would not at all arisen. Hence, Writ petition in W.P.No.3458 of 2025 stands dismissed. No costs. [S.M.S., J.] [K.S, J.] 20.04.2026 mp Index: Yes Speaking Order/ Non-speaking order 5/7

To

1. The District Collector, Thiruvannamalai District.

2. The Revenue Divisional Officer, Thiruvannamalai District.

3. The Tahsildhar, Chengam Taluk, Thiruvannamalai District.

4. The Assistant Director of Survey, Thiruvannamalai District.

5. The Special Thasildhar (ADW) Adidravidar Welfare, Chengam Taluk, Thiruvannamalai District.

6. The FIRKA Surveyor, Pachal FIRKA, Chengam Taluk, Thiruvannamalai District.

7. The Village Administrative Officer, Arattavadi Village, Chengam Taluk, Tiruvannamalai District.

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S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

mp 20.04.2026 7/7