Nivetha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P No. 34545 of 2025 Nivetha W/o. Giritharan, 1/88, Kaliamman Koil Street, Anthanapettai Village, Nagapattinam District. ..Petitioner Vs 1.The District Collector Collectorate, Nagapattinam.

2.

3.The District Revenue Officer District Revenue Officer, Nagapattinam.

4.The Revenue Divisional Officer Revenue Divisional Office, Nagapattinam.

5.The Tahsildar Tahsildar Office, Nagapattinam.

6.Ravi @ Poppular Ravi, S/o. Govindaraj, A/m. Muthumariyamman Koil Mela Veethi, Velipalayam, Nagapattinam Taluk, Nagapattinam District.

..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the Respondent 1 to 4 to take necessary action to remove the encroachment in the land bearing Survey No.2516 situated in Ward-4 Block -45 A/m Muthumariyamman Kovil Mela Veethi, Velipalayam, Nagapattinam Town, Nagapattinam District Which is classified as pathway.

For Petitioner :

Mr.A.Mohamed Ismail For Respondent :

Mr.E.Vijay Anand Additional Government Pleader -for RR 1-4 R5 - Notice dispensed with Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Mandamus directing the Respondent 1 to 4 to take necessary action to remove the encroachment in the land bearing Survey No.2516 situated in Ward-4 Block -45 Arulmighu

Muthumariyamman Kovil Mela Veethi, Velipalayam, Nagapattinam Town, Nagapattinam District which is classified as Pathway.

2. It is the case of the writ petitioner that S.No.2516 situated in Ward4 Block -45 A/m Muthumariyamman Kovil Mela Veethi, Velipalayam, Nagapattinam Town, Nagapattinam District has already been classified as pathway, wherein the fifth respondent has made an alleged encroachment and in order to remove such encroachment, the petitioner has given a representation on 05.06.2025 to the respondents ie., Revenue officials and since no action has been taken in the said representation, he has approached this Court with the aforesaid prayer.

3. Heard both sides. In view of the order that is going to be passed in this writ petition, notice to the fifth respondent is dispensed with.

4. Learned Additional Government Pleader would submit that the representation would be considered and based on which, after verification if need arises, action would be taken against the fifth respondent in accordance with law within the time frame.

5. Recording the said submission, this writ petition is disposed of with a direction to the fourth respondent to take action against the fifth respondent, if need arises, after verifying the plea raised by the petitioner through his representation dated 05.06.2025 and accordingly pass orders thereon within a period of two months from the date of receipt of a copy of this order. No costs.

(R.S.K.,J.) (H.C.,J.) 19-09-2025 Index: Yes/No Speaking/Non-speaking order KST

To 7.The District Collector Collectorate, Nagapattinam.

8.

9.The District Revenue Officer District Revenue Officer, Nagapattinam.

10.The Revenue Divisional Officer Revenue Divisional Office, Nagapattinam.

11.The Tahsildar Tahsildar Office, Nagapattinam.

R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST 19-09-2025