B.Amaithi Ammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2025
CORAM
THE HONOURABLE MRS JUSTICE N. MALA in WMP.No.13739 of 2025 B.Amaithi Ammal W/o.N.S.Baskaran, Robinson Thenkulakarai, Ambapuram, Gudiyatham Town, Vellore District.
Petitioner(s) Vs 1.The District Collector Vellore District, Vellore.
2.The Revenue Divisional Officer Gudiyatham Division, Gudiyatham, Vellore District.
3.The Tahsildar Gudiyatham Taluk, Gudiyatham, Vellore District.
4.The Commissioner Gudiyatham Municipality, Gudiyatham, Vellore District.
...Respondent(s)
PRAYER: This Writ Petition is filed under Article 226 of Constitution of India seeking Mandamus to direct the respondents not to lay the paver block, make
any constructions etc., by evicting the petitioner from the land in survey no. 17/1 measuring an extent of 423 sqft situated in front of the petitioners house door no.17A/1, Robinson, Thenkolakarai Street, Gudiyatham Taluk, Vellore District without following due process of law. For Petitioner(s):
Mr.R.Govindasamy For Respondent(s):
M/s.R.L.Karthika G.A. For R1 To R3 Mr.M.S.Premkumar, GA for R4
ORDER
This Writ Petition is filed seeking mandamus to direct the respondents not to lay the paver block, make any constructions etc., by evicting the petitioner from the land in survey no. 17/1 measuring an extent of 423 sqft situated in front of the petitioners house door no.17A/1, Robinson, Thenkolakarai Street, Gudiyatham Taluk, Vellore District.
2. The brief facts of the case are that the petitioner owns a property in Gudiyatham, Vellore District and claims to have been in possession of the adjacent government poramboke land (measuring 423 sq. ft.) for over 50 years.
In 2014, the learned District Muniff Court, Gudiyatham vide order dated 25.06.2014 in O.S.No.269/2013, granted a permanent injunction in favour of the petitioner, restraining the respondents from interfering with petitioner's possession of the said poramboke land. Despite this, the respondents are attempting to lay paver blocks and make constructions on the land. Therefore, the petitioner made a representation before the first and fourth respondents on 28.02.2025, but no action has been taken. Hence, the Writ Petition.
3. Learned counsel for the petitioner would submit that it would suffice if a direction is given to respondents to consider the representation of the petitioner dated 28.02.2025.
4. Heard both sides and perused the records.
5. Considering the submissions made by both sides, this Court directs the fourth respondent to consider the representation of the petitioner dated 28.02.2025 and after giving notice to the parties, opportunities of personal hearing and on considering the documents submitted by the petitioner, shall
pass appropriate orders on merit and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.
6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.08.2025 (2/3) dpq/jai Index:Yes/No Speaking/Non-speaking order
To 1.The District Collector Vellore District, Vellore.
2.The Revenue Divisional Officer Gudiyatham Division, Gudiyatham, Vellore District.
3.The Tahsildar Gudiyatham Taluk, Gudiyatham, Vellore District.
4.The Commissioner Gudiyatham Municipality, Gudiyatham, Vellore District.
N. MALA, J.
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