E.Senthilkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

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

1.

The District Collector Villupuram District Villupuram The Sub-Collector Jakkampettai-Tindivanam Taluk Tindivanam Taluk Villupuram District The Tahsildar Tindivanam Taluk Villupuram District The Revenue Divisional Officer Tindivanam Taluk Villupuram District The Block Development Officer Mailam Block Development Office Mailam-Kooteripattu Tindivanam Taluk Villupuram District 6.

V. Gopal Pillai 7.

R. Balaji Page Nos.1/6

8.

R. Kiruba 9.

R. Dhaya 10.

R. Elumalai 11.

K. Gopalakrishnan 12.

C. Raja 13.

T. Jayanthi 14.

S.P. Govindasamy 15.

V. Govindasamy 16.

N. Kuppusamy 17.

P. Sooriyan Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents, particularly, respondents 3 to 5, to measure the road encroachment made from Salai Village to Perapanthangal Village, comprised in S.Nos. 81/10, 81/5, 81/3, 91/13, 59/13, 59/14, 59/18 and 59/12 and remove the same on the basis of the petitioner's representations dated 02.09.2024, 09.09.2024 and 22.10.2024.

For petitioner Mr. R. Thanjan For RR 1 to 5 Mr. T.K. Saravanan Additional Government Pleader Page Nos.2/6

ORDER

[made by M.SUNDAR, J.] Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in Survey Nos.81/10, 81/5, 81/3, 91/13, 59/13, 59/14, 59/18 and 59/12 from Salai Village to Perapanthangal Village, Dheevanur Sub Taluk, Tindivanam Taluk, Villupuram District (hereinafter 'said lands' for the sake of convenience and clarity) Request for removal of aforereferred alleged encroachment/s by way of as many as three representations dated 02.09.2024, 09.09.2024 and 22.10.2024 has not yielded results and that has necessitated captioned WP, is the submission of Mr.R.Thanjan, learned counsel for writ petitioner.

Issue notice to official respondents (RR 1 to 5). Page Nos.3/6

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for official respondents. Learned State counsel submits that survey of said lands will be done within a period of four weeks from today, i.e., on or before 02.07.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) or under the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) or any other appropriate / applicable statute as expeditiously as the business of official respondents would permit but in any event within a period of four weeks therefrom, i.e., on or before 30.07.2025. This submission is recorded.

Though obvious, we make it clear that all the rights and contentions of RR 6 to 17 stand preserved and this order does not impinge upon their rights. Therefore, there is no impediment in dispensing with notice to private respondents and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so. Page Nos.4/6

6.

In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel. There shall be no order as to costs. (M.S., J.) (H.C., J.) 04.06.2025 cad To 1.

The District Collector Villupuram District Villupuram The Sub-Collector Jakkampettai-Tindivanam Taluk Tindivanam Taluk Villupuram District The Tahsildar Tindivanam Taluk Villupuram District The Revenue Divisional Officer Tindivanam Taluk Villupuram District The Block Development Officer Mailam Block Development Office Mailam-Kooteripattu Tindivanam Taluk Villupuram District Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 04.06.2025 Page Nos.6/6