P.Rajeshwari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 41766 of 2025 AND WMP Nos. 46811, 46814 and 46815 OF 2025
1. P.Rajeshwari W/o Periyasamy Residing At Pocharampatti Village, Koothapadi, Pennagaram Taluk, Dharmapuri District.
2. Murugesan S/o Ponusamy Reddy, Residing At Pocharampatti Village, Koothapadi, Pennagaram Taluk, Dharmapuri District
3. M. Kariyappan S/o Mairyappan, Residing At Pocharampatti Village, Koothapadi, Pennagaram Taluk, Dharmapuri District ..Petitioners Vs
1. The District Collector
2. The Revenue Divisional Officer Pennagaram Division, Dharmapuri District
3. The Thasildar Pennagaram Taluk, Dharmapuri District
4. The Revenue Inspector Pennagaram Taluk, Dharmapuri District
5. The Village Administrative Officer Koothapadi Village, Pennagaram Taluk,
6. Madammal W/o Mariyappan, Pocharampatti Village, Koothapadi Pennagaram Taluk, Dharmapuri District ..Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records of the 4th respondent in impugned notice dated 04.06.2025 and quash the same as illegal and consider the petitioners reply dated 16.06.2025.
For Petitioners :
Mr.M.Selvam For Respondents :
Ms.M.Jayanthy Additional Government Pleader - for RR 1 to R6 - Notice dispensed with Order (Order of the Court was made by R.Suresh Kumar J.) In respect of S.No.742/2 at Alepuram Village, Pennagaram Taluk, Dharmapuri District, it is the stand of the Revenue Department that, it is a public pathway, where there has been a public well, which was later on closed by the third petitioner and he is using that land also as agricultural land along with his land. Therefore, it was objected to by the village people to restore the public pathway and after having surveyed the land, in order to restore the public pathway and to remove the encroachment made by the petitioners especially the third petitioner, notice under
Section 7 of the Land Encroachment Act has been given. This is the stand taken by the Revenue Tahsildar, who has given written instructions to that effect dated 04.11.2025.
2. However, it is the stand of the petitioner that the land at S.No.742/2 at Alepuram Village, Pennagaram Taluk, Dharmapuri District is the patta land belongs to the petitioners and they have not encroached any Government land or Poramboke land or public pathway as claimed by either the village people or the revenue authorities.
3. Be that as it may. Now, Section 7 notice has been served. The petitioners claimed to have sent a reply dated 16.06.2025 to the Revenue Tahsildar in response to the said notice.
4. When that being the position, this Court having taken note of the aforesaid facts and circumstances, is inclined to dispose of this writ petition with the following directions.
(a) It is open to the Revenue Tahsildar to consider the reply given by the petitioners dated 16.06.2025 and pass necessary orders to that effect either under Section 6 of the Act or otherwise based on merits.
(b)If any adverse orders are passed by the Revenue Tahsildar under Section 6 of the Act, it is further open to the petitioners to agitate the issue in the manner known to law including appeal to be filed in this regard before the appellate authority under Section 10 of the Land Encroachment Act.
5. With the above directions, this writ petition is disposed of. No costs. W.M.P.No.46811 of 2025 is ordered. W.M.P.Nos.46814 and 46815 of 2025 are closed.
(R.S.K.,J.) (H.C.,J.) 04-11-2025 Index: Yes/No Speaking/Non-speaking order KST
To
1. The District Collector Dharmapuri District.
2. The Revenue Divisional Officer Pennagaram Division, Dharmapuri District
3. The Thasildar Pennagaram Taluk, Dharmapuri District
4. The Revenue Inspector Pennagaram Taluk, Dharmapuri District
5. The Village Administrative Officer Koothapadi Village, Pennagaram Taluk,
R.SURESH KUMAR J.
AND HEMANT CHANDANGOUDAR J.
KST 04-11-2025