R.Virupaksha, M/48 Yrs v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mr.JUSTICE M.JOTHIRAMAN R.Virupaksha, M/48 Yrs S/o. Rajappa, Door No.117/1, Nethaji Nagar, Kelamangalam, Denkanikottai Taluk, Krishnagiri District ..Petitioner Vs 1.The District Collector Krishnagiri District
2. The District Revenue Officer Krishnagiri District
3. The Tahsildar Denkanikottai Taluk, Krishnagiri District
4. The Block Development Officer Kelamangalam Union, Denkanikottai Taluk, Krishnagiri District.
5. Vijay Shree Srinivasan W/o.Srinivasan, Door No.34c, Nethaji Nagar, Kelamangalam, Denkanikottai Taluk, Krishnagiri District ..Respondent(s) Page 1/6
Prayer : Writ Petition filed praying to issue a writ of Mandamus to direct the respondents 1 to 4 to demolish the illegal construction made by the 5th respondent in Survey No.63/13 of Kelamangalam Village, Denkanikottai Taluk, Krishnagiri District vide representation of the petitioner dated 07.10.2024.
For Petitioner : Mr.G.M.Anantha Kumar For Respondents : Mr. M.Venkateswaran, Spl.G.P For R1 To R3 Mrs.E.Renganayaki, AGP For R-4 Mr.B.Gopinath For R5
ORDER
(Order of the Court was made by the Hon'ble J.Nisha Banu J.) This Writ Petition is filed praying to issue a writ of Mandamus to direct the respondents 1 to 4 to demolish the illegal construction made by the 5th respondent in Survey No.63/13 of Kelamangalam Village, Denkanikottai Taluk, Krishnagiri District vide representation of the petitioner dated 07.10.2024.
2. It is averred in the writ petition that the petitioner is running a rice mandi at Hosur and the family owned land in Survey No.63/13 and was doing Page 2/6
agriculture. According to the petitioner, in Survey No.63/4, Kelamangalam Village, 3rd respondent-Tahsildar, Denkanikottai Taluk, has issued house site pattas to various families and they constructed houses and residing there peacefully. While allotting pattas, plot No.13 has been left vacant for the passage to the west of the lands owned by the petitioner. While so, 5th respondent purchased the plot No.14 from one Syed Moula vide Sale document dated 29.05.2024, and put up construction in plot No.13 which is marked as a road in the village map. The petitioner in this regard, made representation on 07.10.2024 to the respondents 1 to 3 requesting to take action in respect of the construction of the 5th respondent in the road.
Since no action taken by respondents 1 to 4 against the illegal construction put up by the 5th respondent, this writ petition is filed by the petitioner. 3 Earlier, when the matter was taken up for admission on 29.04.2025, while ordering notice to respondents, this court directed respondents 3 and 4 viz., Tahsildar and Block Development Officer, to conduct field inspection and survey and submit a status report before this court.
4. Though more than one month time has been given and the matter is Page 3/6
listed today, the 3rd and 4th respondents did not file status report. The 5th respondent is also represented by counsel but has not filed any counter affidavit.
5. Learned counsel for the petitioner submits that it would suffice if a direction is issued to the respondents 1 to 4 to consider the representation of the petitioner dated 07.10.2024 and pass necessary orders and take action in accordance with law.
6. Mr.M.Venkateswaran, learned Special Government Pleader appearing for respondents 1 to 3, Mrs.E.Renganayaki, learned Additional Government Pleader appearing for 4th respondent would submit that the respondents 1 to 4 may be given eight weeks time to consider the representation of the petitioner and take necessary action.
7. Heard.
8. Taking note of the averments made in the writ petition and the submission of the learned counsel for the petitioner, without going into the Page 4/6
merits of the matter, we direct respondents 1 to 4 to consider the representation of the petitioner dated 07.10.2024 and take necessary action in accordance with law.
9. With the above direction, this Writ Petition is disposed of. No costs. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 11-06-2025 To
1. The District Collector Krishnagiri District.
2. The District Revenue Officer Krishnagiri District
3. The Tahsildar Denkanikottai Taluk, Krishnagiri District
4. The Block Development Officer Kelamangalam Union, Denkanikottai Taluk, Krishnagiri District.
5. Vijay Shree Srinivasan W/o.Srinivasan, Door No.34c, Nethaji Nagar, Kelamangalam, Denkanikottai Taluk, Krishnagiri District Page 5/6
J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
nvsri 11.06.2025 Page 6/6