M.Padmanaban v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR M. Padmanaban Petitioner vs.
1.
The District Collector Kallakurichi District Kallakurichi 2.
The Tahsildar Taluk Office Ulundurpet Kallakurichi District 3.
The Superintendent of Police Superintendent of Police office Kallakurichi District 4.
The Inspector of Police Kalamarudur Police Station Kallakurichi District 5.
The Block Development Officer Ulundurpet Panchayat Union Ulundurpet Kallakurichi District 6.
Chandrasekaran 7.
Devanathan 8.
Selvaraj Respondents Page No.1/14
Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to restore the water channel, storm drain and the pond and the lake comprised in S. Nos.250/8, 251/9, 252/5, 253, 254/1, 254/2, 258/1, 261, 283/2, 284/1, 279/1, 177, 292/4 and 293 situate at Killiyur Village, Ulundurpet Taluk, Kallakurichi District by removing the illegal encroachments made by the respondents 6 to 8. For petitioner Mr. A. Vijaya Kumar for Mr. Devaraj Mahesh For RR 1 & 2 Mr. T.K. Saravanan Addl. Govt. Pleader For RR 3 & 4 Mr. S. Santhosh Govt. Advocate (Crl. Side) For R5 Mr. Vadivelu Deenadayalan Addl. Govt. Pleader
ORDER
[made by M.SUNDAR, J.] Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a 'Removal of Encroachment' (RoE) prayer qua 'Survey Nos..250/8, 251/9, 252/5, 253, 254/1, 254/2, 258/1, 261, 283/2, 284/1, 279/1, 177, 292/4 and 293 at Killiyur Village, Ulundurpet Taluk, Kallakurichi District' [hereinafter 'said water body' Page No.2/14
for the sake of convenience and clarity], which, according to writ petitioner, is classified as 'odai poramboke' in the Revenue records. 2.
Inaction on the part of official respondents qua RoE request has necessitated the filing of the captioned WP, is learned writ petitioner counsel's say.
3.
Issue notice to official respondents (RR 1 to 5). 4.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 and 2, Mr. S. Santhosh, learned Government Advocate (Crl. Side) accepts notice for RR 3 and 4 and Mr.Vadivelu Deenadayalan, learned Additional Government Pleader, accepts notice for R5.
5.
Mr. T.K. Saravanan, learned State counsel for RR 1 and 2, submits that writ petitioner had earlier come to this Court with the same prayer with regard to the same water body vide W.P.No.4759 of 2021 disposed of by another Hon'ble Division Bench vide an order dated 02.03.2021 which reads as follows:
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6.
Both sides are not clear about when the 12 weeks time frame qua aforeasaid order elapsed. However, both sides agree that it will serve the purpose if the writ petitioner's last representation dated 22.05.2025, along with earlier representations dated 24.02.2025 (one addressed to District Collector and the other addressed to Inspector of Police) and 03.03.2025 are disposed of.
7.
A scanned reproduction of the aforereferred four representations, as placed before us, is as follows: Page No.7/14
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8.
R2 (Tahsildar) shall now dispose of the aforesaid representations on their own merits and in accordance with law by way of a speaking order within 14 weeks from today i.e., on or before 05.11.2025. The order so made by R2 shall be duly served on the private respondents (RR 6 to 8) and all others concerned, within seven working days from the date on which the order is made. 9.
It is open to R2 to requisition an explanation from private respondents (RR 6 to 8) and/or other persons concerned before making the order. We also make it clear that we are not expressing any opinion or view on the alleged encroachment and all questions are left open and therefore, this order does not impact the rights and contentions of private respondents. In this view of the matter, we dispense with notice to private respondents (RR 6 to 8) and take up the captioned WP in the Admission Board, i.e., Motion List, itself with the consent of all aforementioned counsel before us and dispose of the same by writing that when R2 makes the order all the rights and contentions of private respondents (RR 6 to 8) and any other person(s) concerned with the matter will stand preserved. Page No.11/14
10.
Captioned WP stands disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S., J.) (H.C., J.) 30.07.2025 cad Page No.12/14
To 1.
The District Collector Kallakurichi District Kallakurichi 2.
The Tahsildar Taluk Office Ulundurpet Kallakurichi District 3.
The Superintendent of Police Superintendent of Police office Kallakurichi District 4.
The Inspector of Police Kalamarudur Police Station Kallakurichi District 5.
The Block Development Officer Ulundurpet Panchayat Union Ulundurpet Kallakurichi District Page No.13/14
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad 30.07.2025 Page No.14/14