Madhammal v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR Madhammal Petitioner vs.
1.
The District Collector Dharmapuri District 2.
The District Revenue Officer Dharmapuri District Dharmapuri 3.
The Revenue District Officer Pennagaram Division Dharmapuri 4.
The Tahsildar Pennagaram Taluk Dharmapuri District 5.
Muthammal 6.
Sivaraj 7.
Algappan 8.
Appunu 9.
Sampathi Respondents Page No.1/6
Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment in pathway survey no.298/1 of Ajjanahalli Village, Pennagaram Taluk, Dharmapuri, put up by respondents 5 to 9 by removing fence and restore the pathway based on the petitioner's representation dated 25.04.2022. For petitioner Mr. M. Selvam For RR 1 to 4 Mr. T.K. Saravanan Additional Government Pleader For RR 5 to 9 Mr. M.R. Jothimanian
ORDER
[made by M.SUNDAR, J.] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 29.04.2025 which reads as follows:
'W.P. No.12708 of 2022 M.SUNDAR,J., K.GOVINDARAJAN THILAKAVADI, J.
(Order of the Court was made by M.SUNDAR, J.) There is no representation for the writ petitioner either in physical Court or on VC (Video Conferencing) Platform (to be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court). Page No.2/6
2. Mr.T.K.Saravanan, learned Additional Government Pleader for official respondents/R1 to R4 and Mr.M.R.Jothimanian, learned counsel for private respondents/R5 to R9 are before us. Learned State counsel and learned counsel for private respondents are ready.
3. As summer vacation is in the anvil, with the intention of giving opportunity to writ petitioner and learned counsel for writ petitioner, list this matter after summer vacation.
4. List twelve weeks hence. List on 22.07.2025. (M.S.J.) (K.G.T.J.) 29.04.2025'
2. The position is no different today.
3. Mr. M. Selvam, learned counsel on record for writ petitioner, Mr. T.K. Saravanan, learned Additional Government Pleader for official respondents and Mr. M.R. Jothimanian, learned counsel for private respondents (RR 5 to 9) are before us.
4. Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] was taken up with the consent of the aforementioned learned counsel.
Page No.3/6
5.
Captioned WP has been filed with a Removal of Encroachment (RoE) prayer qua land comprised in 'Survey No.298/1 of Ajjanahalli Village, Pennagaram Taluk, Dharmapuri' [hereinafter 'said land' for the sake of convenience and clarity], which, according learned counsel for writ petitioner, is a pathway.
6.
Learned counsel for private respondents (RR 5 to 9) submitted that the private respondents have nothing to do with the said land, however, said land is patta land and that patta stands in the name of one Prema and her sons. A scanned reproduction of photocopy of the patta placed before us by learned counsel for private respondents is as follows:
Page No.4/6
7.
There is no disputation or contestation that said land is a private land and not public land. Therefore, it will suffice to record the common stated position of the parties to give a closure to the captioned WP. We do so.
8.
Captioned WP stands disposed of as closed recording the common stated position of the learned counsel before us. There shall be no order as to costs.
(M.S., J.) (H.C., J.) 28.07.2025 cad Page No.5/6
M.SUNDAR, J.
HEMANT CHANDANGOUDAR, J.
cad To 1.
The District Collector Dharmapuri District 2.
The District Revenue Officer Dharmapuri District Dharmapuri 3.
The Revenue District Officer Pennagaram Division Dharmapuri 4.
The Tahsildar Pennagaram Taluk Dharmapuri District 28.07.2025 Page No.6/6