A.Subramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR A. Subramanian Petitioner vs.

1.

The District Collector Collectorate Buildings Perambalur District The District Revenue Officer O/o The District Revenue Officer Perambalur District The Tahsildar Kunnam Taluk Perambalur District The Block Development Officer Veppur Perambalur District 5.

K.Dhairiyalakshmi Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to dispose of petitioner's representations dated 21.03.2022, 19.10.2023, Page Nos.1/6

18.12.2023 and 03.01.2025 to remove the encroachments made by the 5th respondent in Natham Survey No.384/16 in Sirumathur, Kudikadu Village, Perambalur District.

For petitioner Mr. S. Mukunth, Senior Counsel for Mr. Babu Rangasamy Associates For RR1 to 4 Mr. T.K. Saravanan Additional Government Pleader

ORDER

[made by M.SUNDAR, J.] Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Natham Survey No.384/16 in Sirumathur, Kudikadu Village, Perambalur District' (hereinafter 'said land' for the sake of convenience and clarity). Request for removal of aforereferred alleged encroachment by way of as many as four representations dated 21.03.2022, 19.10.2023, 18.12.2023 and 03.01.2025 has not yielded results and that has necessitated captioned WP, is the submission of Mr.S.Mukunth, learned Senior Counsel representing M/s. Babu Rangasamy Associates (Law Firm), learned counsel on record for writ petitioner.

Page Nos.2/6

Issue notice to official respondents (RR 1 to 4). Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for official respondents. Learned State counsel submits that survey of said land will be done within a period of four weeks from today, i.e., on or before 01.07.2025, 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 four weeks therefrom, i.e., on or before 29.07.2025. This submission is recorded.

5.

Though obvious, we make it clear that all the rights and contentions of R5 (private respondent) stand preserved and this order does not impinge upon her rights. Therefore, there is no impediment in dispensing with notice to R5 and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so.

Page Nos.3/6

6.

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.) 03.06.2025 cad Index :

Yes/No N.C.

:

Yes/No Page Nos.4/6

To 1.

The District Collector Collectorate Buildings Perambalur District The District Revenue Officer O/O.District Revenue Officer Perambalur District The Tahsildar Kunnam Taluk Perambalur District The Block Development Officer Veppur Perambalur District Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 03.06.2025 Page Nos.6/6