K.Udhayakumar v. The District Collector

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 W.P.No.16234 of 2025 K.Udhayakumar S/o. Kumaresan, No.62C, Muthampatti, Doddathimmanhalli Post, Krishnagiri District-635116 Petitioner Vs 1.The District Collector District Collectorate Office, 2.The District Revenue Officer District Collectorate Office, 3.The Revenue Inspector RDO Office, Rayakottai Taluk,

4.The Tahsildar Taluk Office, Denkanikottai Taluk, 5.The Block Development Officer Block Development Office, 6.Kumaresan, S/o.Munniappan, Muthanahalli Village, 7.Radha, W/o.Arunachalam, Muthanahalli Village, Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents particularly the 1st respondent to remove the encroachment from the common pathway at Survey Nos.82/1, 83/1, and 68/1 measuring to an extent of 30 acres situated at Muthanahalli Village, Denkanikottai Taluk, Krishnagiri District within a time stipulated by this Court.

For Petitioner:

Mr.G.Mohammed Aseef For Respondents:

Mr.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner states that after the issuance of notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 to the encroachers, no further steps have been taken.

2. Shri Prabakar states that when attempts are made to remove the encroachments, encroachers threatened to self-immolate by pouring kerosene on their heads and, therefore, the officials are scared to take action.

3. In our view, this cannot be an excuse not to remove the encroachments. The officials should approach the police for necessary help and the police shall certainly extend all co-operation and help.

4. Petitioner states even he shall extend all assistance, including to be personally present, while the encroachments are being removed.

5. Petition is disposed of. There shall be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 03.07.2025 Index :

Yes/No :

Yes/No bbr To:

1.The District Collector District Collectorate Office, 2.The District Revenue Officer District Collectorate Office, 3.The Revenue Inspector RDO Office, Rayakottai Taluk, 4.The Tahsildar Taluk Office, Denkanikottai Taluk, 5.The Block Development Officer Block Development Office,

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

bbr W.P.No.16234 of 2025 03.07.2025