Mohanraj v. The District Collector

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Mohanraj

...Petitioner

Vs.

1. The District Collector, Office of the Collectorate Erode District, Erode.

2. The Tahsildar, Tahsildar Office, Perundurai Taluk, Erode District.

3. Mani

4. Gowri

5. Murugasamy

6. Subramani

7. Ponnammal

8. Duraisamy

9. Ponnusamy

10. Suresh

11. Gunasekaran ... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to remove the encroachment made by the respondents 3 to 11 herein in survey Nos. 380/1 and 389/12 (Government Puramboke- Nilaviyal Vandi Pathai) of Mugasipidariyur B Village, Perundurai Taluk, Erode District within time frame fixed by this Court.

For Petitioner :

Mr.S.Lakshmanasamy For Respondents :

Mr.S.Rajesh Government Advocate, for 1 & 2 ****

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2. Issuance of notice to the private respondents is dispensed with.

2. The petitioner alleges that the petition mentioned survey numbers have been classified as "Cart Track" and they have been encroached upon by the private respondents herein.

3. The learned Government Advocate confirms that the petition mentioned survey numbers have been classified as "Nilaviyal cart track". 2/5

4. We direct the second respondent to issue notices to all the private respondents herein and other encroachers, if any, hold an enquiry and pass a speaking order on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. If encroachment is confirmed, it shall be removed by following due process of law.

5. The Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently the connected miscellaneous petition is closed.

(G.R.S., J.) (V.L.N., J.) 21.05.2025 jv/dsa Index : Yes / No : Yes / No Speaking order / Non-Speaking order 3/5

To:-

1. The District Collector, Office of the Collectorate Erode District, Erode.

2. The Tahsildar, Tahsildar Office, Perundurai Taluk, Erode District.

4/5

G.R.SWAMINATHAN, J.

and V.LAKSHMINARAYANAN, J.

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