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Madras High CourtWP/26642/2025disposed of

Kanagaraj v. The District Collector

2025-07-31Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Kanagaraj : Petitioner versus 1.The District Collector, Chengalpattu District 2.The Tahsildar, Chengalpattu District 3.The Assistant Director (Panchayat) Chengalpattu District 4.The Block Development Officer Thirukazhukundram, Chengalpattu District 5.Sengeni : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to remove the illegal encroachment made by the 4th respondent in respect of the property situated at Chengalpattu District

Thirukazhukundram Taluk, Manamai Village, in Survey No.235/1B to an extent of 0.01.50, 235/2B to an extent of 0.02.00 in Survey No. 243/2 to an extent of 0.26.50 Hectares in Survey No.245/1 to an extent of 0.06.00 Hectares in Survey No.245/2A to an extent of 0.15.00 Hectares in Survey No.245/2B to an extent of 0.04.00 Hectares in Survey No.245/2C1 to an extent of 0.06.50 Hectares and in Survey No.245/3 to an extent of 0.43.00 Hectares belonged to the government department on the basis of representation dated 25.01.2025 sent by the petitioner.

For Petitioner :

Mr.M.Munirathinam For Respondents :

Mr.A.Edwin Prabhakar, State Government Pleader, Assisted by Mr.M.Habeeb Rahman, Government Advocate, for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner submitted that even though a series of representations were made to the authorities for removal of encroachment made by the fifth respondent from public land and even though the Assistant Director (Panchayats), Chengalpattu has

directed the Block Development Officer to initiate proceedings, the encroachments are continuing.

2. Mr.A.Edwin Prabhakar, learned State Government Pleader, upon instructions, submitted that survey is being conducted and soon thereafter, if any encroachment is found, appropriate action shall be drawn up for removal of encroachment.

3. We are of the view that the Assistant Director (Panchayats), having instructed the Block Development Officer way back on 03.02.2025, survey proceedings ought to have been undertaken expeditiously.

4. Be that as it may, let the survey be completed within a period of three months and in case, any encroachment is found, appropriate proceedings shall be drawn for removal of such encroachments, in accordance with the procedure prescribed by law, after affording opportunity to all the persons who are likely to be affected by such proceedings.

5. The writ petition stands disposed of. There will be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 31.07.2025 Index : Yes/No : Yes/No tar

To 1.The District Collector, Chengalpattu District 2.The Tahsildar, Chengalpattu District 3.The Assistant Director (Panchayat) Chengalpattu District 4.The Block Development Officer Thirukazhukundram, Chengalpattu District

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

(tar) 31.07.2025