Chinnasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.30538 of 2025 Chinnasmay B.E.
Petitioner vs.
1.
The District Collector Kallakurichi District The Revenue Divisional Officer Revenue Divisional Office Kallakurichi 606 213 Kallakurichi District The Tahsildar Tahsildar Office Chinnasalem Kallakurichi District 606 201 The Block Development Officer Chinnasalem Kallakurichi District 5.
Anbazhagan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 herein to take
appropriate action to remove the encroachment caused over the public pathway existing in survey no.219 at Thenchettianthal Village, Kilaku Theru, Chinnasalem Taluk, Kallakurichi District 606 207. For petitioner Ms. Rajeswari Karthikeyan For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader For R4 Mr. K. Tamilvendan Govt. Advocate For R5 Notice dispensed with
ORDER
(made by M. SUNDAR, J.) Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'survey no.219 at Thenchettianthal Village, Kilaku Theru, Chinnasalem Taluk, Kallakurichi District 606 207' [hereinafter 'said land' for the sake of convenience and clarity).
Request for removal of aforereferred alleged encroachment by writ petitioner by way of two representations dated 14.11.2022 and 21.11.2022 to the first respondent has not yielded results and that has necessitated captioned WP, is the submission of Ms. Rajeswari Karthikeyan, learned counsel on record for writ petitioner.
Issue notice to official respondents (respondents 1 to 4). Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for respondents 1 to 3 and Mr. K. Tamilvendan, learned Government Advocate, accepts notice for fourth respondent. Learned State counsel for respondents 1 to 3 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 09.10.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) 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 04.12.2025. This submission is recorded.
5.
Though obvious, we make it clear that all the rights and contentions of the private respondent (fifth respondent) stand preserved and this order does not touch or impinge upon or impact his rights. Therefore, there is no impediment in dispensing with notice to private respondent (fifth
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, recording the stated position of learned State counsel for respondents 1 to 3. There shall be no order as to costs. (M.S., J.) (H.C., J.) 14.08.2025 cad Index : Yes/No NC : Yes/No
To 1.
The District Collector Kallakurichi District The Revenue Divisional Officer Revenue Divisional Office Kallakurichi 606 213 Kallakurichi District The Tahsildar Tahsildar Office Chinnasalem Kallakurichi District 606 201 The Block Development Officer Chinnasalem Kallakurichi District
M. SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad W.P.No.30538 of 2025 14.08.2025