K.Sakthivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN K.Sakthivel No.3, Maariamman Kovil Street, V.Maankuppam, Vikkravandi Post and Taluk, Petitioner(s) Vs

1. The District Collector Moovendar Nagar, Villupuram District - 605 602.

2. The Joint Director Dept of Minerals and Mines, Villupuram, Villupuram District - 605 602.

3. The Tahsildar

4. The Block Development Officer Vikravandi Panchayat Union Office,

5. The Asian Beverage Private Limited Situated at S F No.165/2, V.Salai, Villupuram District.

Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents to take appropriate measures to remove the encroachment of Asian Beverage Private Limited and to check its water requirements.

For Petitioner(s):

Mr.R.N.Kasiviswanathan For Respondent(s): Mr A.Edwin Prabhakar State Government Pleader Assisted by Mr.M.Habeeb Rahman Government Advocate For R1 to R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Prabakar tenders a counter affidavit of respondent No.3 along with a typed-set containing four documents. Shri Prabakar states respondent No.5 has encroached and the extent of encroachment can be

seen in the survey report dated 14.5.2025 with sketch. Mr.Prabakar, on instructions, states that the representatives of respondent No.5 were also present when the survey was conducted.

2. Mr.Prabakar further states that notice dated 9.6.2025 has been issued under Section 7 of the Tamil Nadu Land Encroachment Act 1905 to respondent No.5 and it was served on respondent No.5 on 14.6.2025. Time has been given till 9.7.2025 to respond. This was also intimated to petitioner on 17.6.2025.

3. Mr.Prabakar states that respondent authorities shall take steps under the active supervision of the Collector/first respondent to remove the encroachments, since notice under Section 7 of the Act has already been issued to respondent No.5. Mr.Prabakar assures the court that respondent No.1 shall ensure completion of process and removal of encroachment by 31.8.2025.

4. The reply received from respondent No.5 to the notice under Section 7 of the Act and further communications shall be immediately made available to petitioner. If any personal hearing is given to respondent

No.5, petitioner shall be intimated and allowed to participate and make submissions.

Petition is disposed of accordingly. There shall be no order as to costs.

(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 19.06.2025 Index :

Yes/No :

Yes/No sasi To:

1. The District Collector Moovendar Nagar, Villupuram District - 605 602.

2. The Joint Director Dept of Minerals and Mines, Villupuram, Villupuram District - 605 602.

3. The Tahsildar

4. The Block Development Officer Vikravandi Panchayat Union Office,

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

(sasi) 19.06.2025