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Madras High CourtWP/15338/2025disposed of

N.Vijayaragavan v. The District Collector

2025-07-03Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP No.15338 of 2025 N.Vijayaragavan S/o.Nagarajan, Door No.13/5-11(2), Seerangachetti Street, Jalakandapuram, Salem - 636501.

Petitioner(s) Vs

1. The District Collector Salem District.

2. The District Revenue Officer Salem.

3. The Revenue Divisional Officer Salem, Salem District.

4. The Tahsildar Salem West Taluk, Salem District.

5. The Commissioner Salem Corporation, Salem.

6. M.V.Sellamuthu S/o.Velappan

7. Ponnammal W/o.M.V.Sellamuthu

8. Sideshkumar S/o.M.V.Sellamuthu

9. Rajeshkumar S/o.Sellamuthu, Respondents 6 to 9 residing at T.S.No.27/1, 2, 3, 4 Jagir Kaminaickanpatti, Opp. Electronic SIPCOT, Salem - 636302.

Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to cancel the patta for S.F.Nos.66/2 and 66/3 corresponding to T.S.Nos.27/2, 27/1, remove the encroachments made by Respondents 6 to 9 in S.F.Nos. 66/1, 66/2, 66/3, 66/4 corresponding to present T.S.Nos.27/1, 27/2, 27/3, 27/4, Jagir Ammapalayam Village, Salem West Taluk, Salem District and restore the Kaminaickenpatti Eri (water body) by considering the representation dated 31.01.2025.

For Petitioner(s):

Mr. R.Prabakar For Respondent(s): Mr.Edwin Prabakar State Government Pleader Assisted by Mr.M.Habeeb Rahman

Government Advocate for R1 to R5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Edwin Prabakar states that petitioner's representation, a copy whereof is annexed to the petition, will be considered as a complaint and necessary action in accordance with law will be taken to remove encroachments, if any.

2. At the same time, Mr.Prabakar states that his instructions are there are some encroachments already identified and those will be immediately removed following due process.

3. We direct respondent Nos.1 to 5 to keep petitioner advised of any correspondence exchanged with respondent Nos.6 to 9 pursuant to the representation made by petitioner. Before disposing of the representation, personal hearing shall also be given to petitioner as well as respondent

Nos.6 to 9.

Petition is disposed. We clarify we have not expressed any opinion on the merits of the matter. There shall be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 03.07.2025 Index :

Yes/No :

Yes/No sasi To:

1. The District Collector Salem District.

2. The District Revenue Officer Salem.

3. The Revenue Divisional Officer Salem, Salem District.

4. The Tahsildar Salem West Taluk, Salem District.

5. The Commissioner Salem Corporation, Salem.

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

(sasi) WP No.15338 of 2025 03.07.2025