C.Sadasivam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-05-2025
CORAM
THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY AND THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI C.Sadasivam, S/o.Chinnadurai, 49/390, Nalligoundanpudur, V.Vellalapalayam Post, Sakthi Nagar-via, Anthiyur Taluk, Erode District.
Petitioner(s) Vs
1. The District Collector Erode District, Erode.
2.The Sub Collector Office of the Sub Collectorate, Gobichettipalayam, Erode District-638 452.
3.The Tahsildar Anthiyur Taluk Office, Anthiyur, Erode District.
4.THIYAGARAJAN S/o.Elayappa Gounder, 1/5
Vadakkuthottam, Sempulichampalayam, Athani Post, Anthiyur Taluk, Erode District.
5.LOGANATHAN S/o.Thiyagarajan, Vadakkuthottam, Sempulichampalayam, Athani Post, Anthiyur Taluk, Erode District.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 herein to remove the encroachment made by the respondents 4 and 5 herein in survey SF. Nos.525/1 and 525/4 (Government promboke land / buffer zone) Athani Village, Anthiyur Taluk, Erode District within time frame fixed by this Court For Petitioner(s):
Mr.C.Sriram For Respondent:
Mr.S.J.Mohamed Sathik (for R1 & R3) Government Advocate
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy J) By alleging encroachment in SF Nos.525/1 and 525/4, Athani Village, Anthiyur Taluk, Erode District, the petitioner seeks for a direction for removal of such encroachment.
2/5
2.Mr.S.J.Mohamed Sathik, learned Government Advocate, accepts notice for respondents 1 to 3. He submits that the 3 rd respondent would conduct an enquiry and thereafter take action in accordance with law. 3.In view of the said submission, without going into the merits of the allegations made by the petitioner, this writ petition is disposed of by directing the 3 rd respondent to conduct an enquiry with regard to the allegation of encroachment. Such enquiry shall be conducted after providing reasonable opportunity to the petitioner and to respondents 4 and 5. The said parties shall also be provided a personal hearing. Since the merits of the matter have not been gone into and no direction adverse to respondents 4 and 5 have been issued, this writ petition is disposed of without issuing notice to private respondents, by directing the 3 rd respondent to conclude the enquiry within a maximum period of twelve weeks from the date of receipt of a copy of this order. No costs.
(S.K.R., J.) (T.V.T.S.,J.) 28-05-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rka/sai 3/5
To
1. The District Collector Erode District, Erode.
2.The Sub Collector Office of the Sub Collectorate, Gobichettipalayam, Erode District-638 452.
3.The Tahsildar Anthiyur Taluk Office, Anthiyur, Erode District.
4.THIYAGARAJAN S/o.Elayappa Gounder, Vadakkuthottam, Sempulichampalayam, Athani Post, Anthiyur Taluk, Erode District.
5.LOGANATHAN S/o.Thiyagarajan, Vadakkuthottam, Sempulichampalayam, Athani Post, Anthiyur Taluk, Erode District.
4/5
SENTHILKUMAR RAMAMOORTHY J.
AND T.V.THAMILSELVI J.
rka/sai Dated: 28-05-2025 5/5