N.Subramanian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .22457 of 2025 N.Subramanian ... Petitioner Vs.
1. The District Collector Collectorate Campus, Erode District - 638 011.
2.The Additional Collector/Project Director, District Rural Development Agency, Erode District- 638 011.
3.The Block Development Officer, Perundurai Panchayat Union, Perundurai Taluk, Erode District - 638 052.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, to direct the 3rd respondent to act upon the instructions issued by the 2nd respondent vide Official Page No.1 of 6
Memorandum bearing Na.Ka.No.50/2025/A-7 dated 02.06.2025 and forthwith take appropriate steps to conduct field inspection and to remove the tar road laid on the petitioner's Patta land in R.S.No.378/2A, Chinniyampalayam, Thiruvachi Village, Perundurai Taluk, Erode District after considering the representation of the petitioner dated 22.04.2025 in accordance with law and on merits expeditiously within a stipulated time frame.
For Petitioner : Mr.N.S.Suganthan For Respondents : Mrs.P.Vijayadevi for R1 and R2 Government Advocate Mr.G.Prasanna for R3 Government Advocate
O R D E R
This petition is filed to direct the 3rd respondent to act upon the instructions issued by the 2nd respondent vide Official Memorandum bearing Na.Ka.No.50/2025/A-7 dated 02.06.2025, and forthwith take appropriate steps to conduct field inspection and to remove the tar road laid on the petitioner's Patta land in R.S.No.378/2A, Chinniyampalayam, Thiruvachi Village, Perundurai Taluk, Erode District, after considering the representation of the petitioner dated 22.04.2025, in accordance with law and on merits within a stipulated time frame.
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2.Mrs.P.Vijayadevi, learned Government Advocate takes notice for the respondents Nos.1 and 2. Mr.G.Prasanna, learned Government Advocate takes notice for the 3rd respondent.
3. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
4. The petitioner is the joint owner of the property of the house site admeasuring to an extent of 405 sq.meters comprised in R.S.No.378/2A, Chinniyampalayam, Tiruvachi Village, Perundurai Taluk, Erode District. The petitioner purchased the aforesaid property along with one P.Senthil, vide registered Sale Deed dated 15.04.2024. The petitioner was in enjoyment of the said property along with the joint owner. While so, the 3rd respondent /Perundurai Panchayat, undertook road widening work and encroached into the petitioner's patta land. Therefore, the petitioner sent a detailed representation to the 1st respondent and other respondents on 22.04.2025, requesting them to take necessary action against the encroachment into the petitioner's patta land. The second respondent upon receipt of the petitioner's Page No.3 of 6
representation forwarded the same to the 3rd respondent on 02.06.2025, with instructions to take necessary action immediately and to communicate the same to the 2nd respondent. The 3rd respondent despite the petitioner's representation and the aforesaid communication of the 2nd respondent did not did not take any action. Aggrieved by the inaction of respondents, the petitioner filed the above writ petition.
5. Though many issues have been raised in the writ petition, learned counsel for the petitioner submitted that it would suffice if, this Court directs the third respondent, to consider the petitioner's representation dated 22.04.2025 and pass orders within a stipulated time.
6. In view of the above facts and considering the limited relief sought for by the learned counsel for the petitioner, without going into the merits of the case, I am inclined to direct the third respondent, to consider the petitioner's representation dated 22.04.2025, and to take appropriate action in the light of the communication dated 22.06.2025, of the 2nd respondent and Page No.4 of 6
pass appropriate orders on merits and in accordance with law, within a period of six(6) weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this writ petition is disposed of. No costs.
24.06.2025 msv Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1. The District Collector Collectorate Campus, Erode District - 638 011.
2.The Additional Collector/Project Director, District Rural Development Agency, Erode District- 638 011.
3.The Block Development Officer, Perundurai Panchayat Union, Perundurai Taluk, Erode District - 638 052.
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N.MALA,J.
msv 24.06.2025 Page No.6 of 6