Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR Arumugam Petitioner vs.

1.

The District Collector District Collectorate Villupuram District The Sub Collector Tindivanam Taluk Villupuram District The Tahsildar Taluk Office Tindivanam Taluk Villupuram District The Block Development Officer Block Development Office Panchalam Tindivanam Taluk Villupuram District The Village Administrative Officer Kizhkaranai Village Panchalam Post Tindivanam Taluk Villupuram District Page Nos.1/6

6.

Kathirvel 7.

Elumalai Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the encroachment in Survey Nos.70/5-00112 sq. meter and 70/6 - 00015 sq. meter situated at Kizhkaranai Village, Villupuram District within a time frame.

For petitioner Ms. Z. Rifa Fathima For RR1 to 5 Mr. K. Suresh Government Advocate

ORDER

[made by M.SUNDAR, J.] This order will now dispose of the captioned 'writ petition' [hereinafter 'WP' for the sake of brevity].

Learned State counsel for official respondents (RR 1 to 5) submits that R7 (Elumalai) has preferred a statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) (statutory appeal dated 30.09.2024) and that Page Nos.2/6

the same will be disposed of by R1 (appellate authority) on its own merits and in accordance with law as expeditiously as the official business of R1 would permit but in any event within 14 weeks from today i.e., on or before 22.09.2025. This is recorded as an undertaking given to this Court.

Considering the facts and circumstances of the case and the nature of the matter, we are of the considered view that in this case, recording the stated position of the learned State counsel will suffice to give a closure to the captioned WP. We do so. Though obvious, we make it clear that all the rights and contentions of R7 (appellant qua statutory appeal) and other rights, if any, as well as rights and contentions of R6 (Kathirvel) stand preserved, they are not touched upon by this order and therefore, captioned WP is taken up for disposal with the consent of learned counsel for writ petitioner and learned State counsel for RR 1 to 5 and dispensing with notice to private respondents (RR 6 and 7). Page Nos.3/6

Captioned WP stands disposed of recording the stated position of learned State counsel. There shall be no order as to costs. (M.S., J.) (H.C., J.) 16.06.2025 cad Page Nos.4/6

To 1.

The District Collector District Collectorate Villupuram District The Sub Collector Tindivanam Taluk Villupuram District The Tahsildar Taluk Office Tindivanam Taluk Villupuram District The Block Development Officer Block Development Office Panchalam Tindivanam Taluk Villupuram District The Village Administrative Officer Kizhkaranai Village Panchalam Post Tindivanam Taluk Villupuram District Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 16.06.2025 Page Nos.6/6