Dr.T. Selvaraj v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR Dr.T.Selvaraj Petitioner vs.

1.

The District Collector Myladuthurai The Revenue Divisional Officer Myladuthurai District The Tahsildar Office of the Kuthalam Taluk Myladuthurai District 4.

P.Kalyanam Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct respondents 1 and 3 to dispose of the petitioner's representation dated 25.04.2025. For petitioner Mr. S.Illamvaludhi For RR 1 to 3 Mr. T.K. Saravanan Additional Government Pleader For R4 Notice dispensed with Page No.1/4

ORDER

[made by M.SUNDAR, J.] Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Agarahara Street, Thiruvelvikudi, Kutthalam Taluk, Mayiladuthurai District' (hereinafter 'said land' for the sake of convenience and clarity) by R4, his son Anbazhagan and one Arivazhagan, ex Panchayat President. Request for removal of aforereferred alleged encroachment by way of a representation dated 25.04.2025 has not yielded results and that has necessitated captioned WP, is the submission of Mr.S.Illamvaludhi, learned counsel on record for writ petitioner. Issue notice to official respondents (RR 1 to 3). 4.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for official respondents. Learned State counsel submits that survey of said land will be done, after putting all concerned on notice and in their presence, within a period of eight weeks from today, i.e., on or before 22.09.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) Page No.2/4

will be commenced vide the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) as expeditiously as the business of official respondents would permit but in any event within a period of eight weeks therefrom, i.e., on or before 17.11.2025. This submission is recorded.

5.

Though obvious, we make it clear that all the rights and contentions of R4 and/or any other alleged encroacher(s) stand preserved and this order does not impact or impinge or touch upon their rights. Therefore, there is no impediment in dispensing with notice to private respondent and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so.

6.

In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, i.e. by recording the stated position of learned State counsel. There shall be no order as to costs. (M.S., J.) (H.C., J.) 28.07.2025 cad Page No.3/4

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad To 1.

The District Collector Myladuthurai The Revenue Divisional Officer Myladuthurai District The Tahsildar Office of the Kuthalam Taluk Myladuthurai District 28.07.2025 Page No.4/4