Thangamma v. The Collector Of Nilgiris
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 15480 of 2025 Thangamma W/o.Jogi, D.No.2/71 Kookalthorai, Kookalthorai Post 643217, Nilgiris District.
Petitioner(s) Vs
1. The Collector Of Nilgiris Udhagamandalam.
2.The Director Of Panchayat Union Udhagamandalam, Nilgiris District.
3.The Commissioner Panchayat Union Udhagamandalam, Nilgiris District.
4.The Tahsildar Udhagamandalam Taluk.
5.The District Development Officer Panchayat Union Office, Udhagamandalam.
6.Mrs.Malli W/o.Bhojan, Uilatty, Kookalthorai, Nilgiris District.
7.Ganesan S/o.Bhojan, D.No.2/99 Kookalthorai, Kookalthorai Post 643217, Nilgiris District.
8.Vijaya W/o.Mallan, D.No.2/99 Kookalthorai, Kookalthorai Post 643217, Nilgiris District.
9.Thiyagu S/o.Bhojan, D.No.2/99 Kookalthorai, Kookalthorai Post 643217, Nilgiris District.
Respondent(s) PRAYER Directing the respondents 1 to 5 to consider the petitioners representations dated 04.10.2024 and 11.11.2024 and remove the unauthorised construction of the Respondents 6 to 9 and recover the Government natham land in S.F.No. 463/2 situated at Kookalthorai Nilgiris District to an extent of 0.05 cents. For Petitioner(s):
Mr. E.Vijayakumar For Respondent(s):
Mr.M.V. Venkateswaran Special Government Pleader For R1 to R5 M/s. K. Thilageswaran, For R6 to R9
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to consider the petitioner's representations dated 04.10.2024 and 11.11.2024 and remove the unauthorised construction of the respondents 6 to 9 and recover the Government natham land in S.F.No. 463/2 situated at Kookalthorai Nilgiris District to an extent of 0.05 cents within a time frame that may be fixed by this Court.
2. The learned counsel for the petitioner submits that originally, the natham land in S.F.No.463/2 situated at Kookalthorai, Nilgiris District, to an extent of 0.05 cents belongs to the Government, which is adjacent to the petitioner's house. In such circumstance, the respondents 6 to 9 have illegally encroached the said natham land and constructed a building without any title and without obtaining proper permission from the competent authorities. In this regard, the petitioner has made representations dated 04.10.2024 and 11.11.2024 before respondent Nos.1 to 5 requesting to demolish the unauthorised construction and restore the same. But, so far, no action was taken by the official respondents. Therefore, the writ petitioner is constrained to move the present Writ Petition.
3. The learned Special Government Pleader appearing for respondent Nos.1 to 5 submits that the Assistant Director of Rural Development Department, Uthagamandalam, has already sent a letter dated 19.11.2024 in Na.Ka.A2.No.003/2022, to the Block Development Officer, Uthagamandalam Panchayat Union, to take action on the complaint given by the petitioner and to file a report. Therefore, the Block Development Officer has to take further action in this regard.
4. Heard the learned counsel appearing for the petitioner as well as the learned appearing for the respondents and perused the materials placed before this Court.
5. Considering the facts and circumstances of the case and the submissions made on either side, we direct the Block Development Officer, Uthagamandalam Panchayat Union, to take action on the representation given by the petitioner dated 04.10.2024 and pass appropriate orders on the same on merits and in accordance with law, after issuing notice to the petitioner as well as to the private respondents and also affording them an opportunity of personal hearing. Such exercise shall be completed by the Block Development Officer, Uthagamandalam, within a period of eight (8) weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
(J.NISHA BANU, J.) (M.JOTHIRAMAN, J.) 10-06-2025 ASI To 1.The Collector Of Nilgiris Udhagamandalam.
2.The Director Of Panchayat Union Udhagamandalam, Nilgiris District.
3.The Commissioner Panchayat Union Udhagamandalam, Nilgiris District.
4.The Tahsildar Udhagamandalam Taluk.
5.The District Development Officer Panchayat Union Office, Udhagamandalam.
J.NISHA BANU J.
AND M.JOTHIRAMAN J.
ASI W.P. No. 15480 of 2025 10-06-2025