K.Gopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR K.Gopal ... Petitioner Vs.

1. The District Collector District Collectorate

2. The Revenue Divisional Officer Kallakurichi Taluk

3. The Tahsildar Sankarapuram, Vanapuram Taluk

4. Shek Akbar

5. Mohamed Bilal

6. Thangapillai Page Nos.1/6

7. The Block Development Officer Sankarapuram Panchayat Union Sankarapuram ... Respondents (R7 suo motu impleaded vide this order) Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment in Survey No.162/20, 175/1 (Street) at Moorarpalayam Village, Sankarapuram Taluk, Kallakurichi District. For Petitioner :

Mr.V.Gunasekar For Respondents :

Mr.T.K.Saravanan, Additional Government Pleader for R1 to R3 and R7

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' ['WP' for the sake of brevity] has been filed with a removal of encroachment plea qua 'Survey Nos.162/20, 175/1 (Street) at Moorarpalayam Village, Sankarapuram Taluk, Kallakurichi District' [hereinafter 'said land' for the sake of brevity and convenience]. Page Nos.2/6

2. Repeated requests have not yielded results and that has necessitated captioned WP is learned counsel's say.

3. Issue notice to official respondents.

4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R3 but learned State counsel submits on instructions that a survey was conducted on 21.05.2025, encroachers have been identified and action is in the anvil.

5. Learned State counsel also submits that action at this stage will be under Section 131(2) of 'the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' [hereinafter 'said Act' for the sake of convenience and clarity].

6. Therefore, we deem it appropriate to suo motu implead the Block Development Officer, Sankarapuram Panchayat Union, Sankarapuram, Kallkurichi District as R7 and State counsel accepts notice for R7 also. Learned State counsel submits that action will be commenced within eight weeks from today i.e., on or before 28.07.2025.

7. Proceedings under Section 131(2) necessarily means that alleged encroachers have to be put on notice, given an opportunity and their version Page Nos.3/6

has to be considered before any coercive action (if that be so). Therefore, we make it clear that all the rights and contentions of private respondents (R4 to R6) and /or any other encroacher/s are preserved. This order does not touch upon the rights of private respondents and /or any other encroacher/s. In this view of the matter, we dispense with notice to private respondents (R4 to R6) and take up the main WP with the consent of learned counsel on both sides and dispose of the same recording the stated position of the learned State counsel.

Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (H.C.,J.) 02.06.2025 Index : Yes / No gpa Page Nos.4/6

To

1. The District Collector District Collectorate

2. The Revenue Divisional Officer Kallakurichi Taluk

3. The Tahsildar Sankarapuram, Vanapuram Taluk

4. The Block Development Officer Sankarapuram Panchayat Union Sankarapuram Page Nos.5/6

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 02.06.2025 Page Nos.6/6