C.Vasudevan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN C.Vasudevan ..
Petitioner Vs.
1. The District Collector Kanchipuram District Collectorate Kanchipuram 631 501.
2. The District Revenue Officer Kanchipuram District Collectorate Kanchipuram 631 501.
3. The Block Development Officer The Block Development Office Walajabad Union Walajabad 631 601 Kanchipuram District.
4. The Tahsildar Taluk Office Kanchipuram 631 501 Kanchipuram District.
5. The Chief Engineer TANGEDCO Head Office: Anna Maaligai Olimohamedpet Kanchipuram 631 502.
6. Department of Backward Classes, Most Backward Classes and Minorities Officer for the Department of Backward Classes, Most Backward Classes and Minorities Collectorate, Kanchipuram 631 501 Kanchipuram District.
7. S.Lakshmanaraj
8. S.Marimuthu ..
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st respondent to remove the encroachments by the 7 and 8 respondents on the Government tharisu lands in Survey Nos.339/1 and 339/3 at Enathur Village, Kanchipuram District, to form a road (path or way) to Enathur Village Cemetery (Mayanam) to use the Burial Ground, Neethar Vazhipadu Mandapam, fencing the burial ground and to arrange Samudhayakoodam/Mandapam for public peaceful usage as per the petitioner's representation dated 28.12.2023. For Petitioner :
Mr.R.Anbalagan For Respondents :
Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.K.Karthik Jegannath Government Advocate for Respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard. The present public interest litigation has been filed by the petitioner ventilating grievance that there have been vast encroachments on public lands/path.
2. We have gone through the contents of the petition and various representations made to the concerned authorities from time to time.
3. It is the bounden duty of the authorities to ensure that public roads/land/path are free from encroachment. Whenever any such complaint is made, the authorities are obliged to hold an enquiry on such allegations within a reasonable time in accordance with the scheme of law as applicable.
4. Learned counsel for both parties submit that in such cases, Tamil Nadu Land Encroachment Act, 1905 is applicable and provides
a complete mechanism to deal with such type of complaints.
5. The complaints were made by the petitioner as early as in December, 2023. We would expect the authorities/respondents to swing into action, if it is not already done, to ensure that the complaints are enquired into. If, after holding an enquiry, encroachments are found, the authorities, it goes without saying, are obliged to proceed under the scheme envisaged under the Act of 1905, by issuing notice to the persons who are alleged to be encroachers. Proceedings should be brought to conclusion, by passing a final order, after giving an opportunity of hearing to the persons who are alleged to be encroachers, consistent with the scheme of the aforesaid Act.
6. At the first instance, without keeping this petition pending, we are inclined to issue a direction to the fourth respondent/ Tahsildar to complete the fact finding enquiry, if not already done. In case any encroachment is found, the authority should proceed further by issuing notice to the concerned encroacher and those
proceedings should be brought to logical conclusion, one way or other, within a reasonable period, say within a period of three months.
7. Without commenting upon the merits of the case, at this stage, the writ petition is finally disposed of. There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 23.07.2025 Index :
Yes/No Yes/No kpl To
1. The District Collector Kanchipuram District Collectorate Kanchipuram 631 501.
2. The District Revenue Officer Kanchipuram District Collectorate Kanchipuram 631 501.
3. The Block Development Officer The Block Development Office Walajabad Union Walajabad 631 601 Kanchipuram District.
4. The Tahsildar Taluk Office Kanchipuram 631 501 Kanchipuram District.
5. The Chief Engineer TANGEDCO Head Office: Anna Maaligai Olimohamedpet Kanchipuram 631 502.
6. Department of Backward Classes, Most Backward Classes and Minorities Officer for the Department of Backward Classes, Most Backward Classes and Minorities Collectorate, Kanchipuram 631 501 Kanchipuram District.
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
(kpl) 23.07.2025