Sannasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

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

1.

The District Collector District Collectorate Kallakurichi District The Revenue Divisional Officer Kallakurichi & Taluk Kallakurichi District The Tahsildar Kallakurichi Taluk Kallakurichi District 4.

Mookan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 03.04.2025 and remove the encroachment made in S.No.61/10, Asakalathur Village, Kallakurichi Taluk & District within a time frame. Page Nos.1/6

For petitioner Mr. V. Gunasekar For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader

ORDER

[made by M. SUNDAR, J.] Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Survey No.61/10, Asakalathur Village, Kallakurichi Taluk and District' (hereinafter 'said land' for the sake of convenience and clarity). Request for removal of aforereferred alleged encroachment by way of representation dated 03.04.2025 has not yielded results and that has necessitated captioned WP, is the submission of Mr.V.Gunasekar, learned counsel for writ petitioner. Issue notice to official respondents (RR 1 to 3). Page Nos.2/6

4.

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 six weeks from today, i.e., on or before 05.08.2025, 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) as expeditiously as the business of official respondents would permit but in any event within a period of six weeks therefrom, i.e., on or before 16.09.2025. This submission is recorded.

5.

Though obvious, we make it clear that all the rights and contentions of R4 stand preserved and this order does not impinge upon his rights. Therefore, there is no impediment in dispensing with notice to R4 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.3/6

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.) 24.06.2025 cad Index:

Yes/No N.C.

:

Yes/No Page Nos.4/6

To 1.

The District Collector District Collectorate The Revenue Divisional Officer Kallakurichi & Taluk Kallakurichi District The Tahsildar Kallakurichi Taluk Kallakurichi District Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 24.06.2025 Page Nos.6/6