R. Rajamanickam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI W.P.Nos.21009 of 2024 and 4358 of 2025 W.P.No.21009 of 2024 1.R.Rajamanickam 2.R.Suresh ... Petitioners Vs.
1.The District Collector, Office of District Collector, Tiruchengode Road, Namakkal District - 637 003.
2.The Tahsildar, Office of Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District - 637 408.
3.Arul 4.Subramaniam ... Respondents Page Nos.1/18
W.P.No.4358 of 2025 Periyasamy ... Petitioner Vs.
1.The District Collector, Namakkal District, Namakkal.
2.The Revenue Divisional Officer, Namakkal.
3.The Thasildar, Rasipuram Taluk, Namakkal District.
4.The Block Development Officer (Village Panchayat), Block Development Office, Vennandur, Namakkal District.
5.Suresh ... Respondents Prayer in W.P.No.21009 of 2024: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct respondents 1 and 2 to remove the encroachments made by the respondents 3 and 4 in the public road comprised in S.Nos.353/7 and 353/6 situate in Akkaraipatti Village, Rasipuram Taluk, Namakkal District respectively by considering the petitioners' representation dated 04.06.2024 within the time frame as may be fixed by this Court.
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Prayer in W.P.No.4358 of 2025: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct respondents 1 to 3 to remove the obstruction putforth by the fifth respondent in water canal (Rajavaikkal) comprised in S.Nos.236/7, 236/8 and 236/9 situated at Akkaraipatti Village, Rasipuram Taluk, Namakkal District.
For Petitioners :
Mr.R.Vivek in W.P.No.21009 of 2024 Mr.E.Aneesh Vinayak in W.P.No.4358 of 2025 For Respondents :
Mr.T.K.Saravanan, Government Advocate for R1 and R2 in W.P.No.21009 of 2024 for R1 to R4 in W.P.No.4358 of 2025 COMMON ORDER [Order of the Court was made by M.SUNDAR, J.,] This common order will now govern captioned two main 'Writ Petitions' (hereinafter 'WPs' in plural and 'WP' in singular for the sake of brevity).
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2. Subject matter of captioned WPs is 'lands comprised in Survey Nos.353/6, 353/7, 236/7, 236/8 and 236/9 situate in Akkaraipatti Village, Rasipuram Taluk, Namakkal District' (hereinafter 'said lands' for the sake of convenience and clarity).
3. 'W.P.No.21009 of 2024' shall be referred to as 'I WP' and 'W.P.No.4358 of 2025' shall be referred to as 'II WP'.
4. I WP has been filed by Mr.R.Rajamanickam, son of Mr.Ramasamy and Mr.R.Suresh, son of Mr.Rangasamy with a mandamus prayer for removal of alleged encroachment in public road.
5. II WP has been filed by one Mr.Periyasamy, son of Mr.Muthukavundar with a prayer for removal of alleged encroachment in Survey Nos.236/7, 236/8 and 236/9 situated at Akkaraipatti Village, Rasipuram Taluk, Namakkal District.
6. Today, Mr.R.Vivek, learned counsel on record for writ petitioners in I WP, Mr.E.Aneesh Vinayak, learned counsel on record for Page Nos.4/18
writ petitioner in II WP and Mr.T.K.Saravanan, learned Government Advocate for official respondents in both WPs are before us.
7. As regards private respondents (R3 and R4 in I WP and R5 in II WP), we make it clear that all the rights and contentions of all three private respondents are preserved and therefore, there is no impediment in the main WPs being taken up in the Admission Board. In this view of the matter, with the consent of learned counsel for writ petitioners as well as learned State counsel, main WPs are taken up. It is brought to our notice that R2 in I WP and R3 in II WP (jurisdictional Tahsildar - Tahsildar, Rasipuram Taluk) has made a proceedings dated 31.01.2025 bearing reference Na.Ka.No.3436/2024/B5 regarding said lands and a scanned reproduction of the same as placed before us is as follows:
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8. Aforementioned proceedings speak for itself. Therefore, it will suffice to say that it is open to the writ petitioners and private respondents to assail the aforementioned order of jurisdictional Tahsildar, if so advised and if so desired. Recording this stated position, we also record the submission of learned counsel for writ petitioners in I WP that it may not be necessary now to advert to Revenue Standing Orders [to be noted, in 29.07.2024 listing of I WP, learned counsel sought time to produce Revenue Standing Order] and this submission is also recorded.
9. Captioned two main WPs are disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 10.02.2025 Index : Yes / No mmi Page Nos.16/18
To 1.The District Collector, Office of District Collector, Tiruchengode Road, Namakkal District - 637 003.
2.The Tahsildar, Office of Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District - 637 408.
3.The Revenue Divisional Officer, Namakkal.
4.The Block Development Officer (Village Panchayat), Block Development Office, Vennandur, Namakkal District.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi W.P.No.21009 of 2024 & 10.02.2025 Page Nos.18/18