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Madras High CourtWP/30216/2025disposed of

K.Chandrasekaran v. The District Collector

2026-03-24Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN K.Chandrasekaran No.4/152A, Mela Street, Agaravallam, Tharangambadi (Tk) Mayiladuthurai District, Tamil Nadu - 609 402 Petitioner Vs

1. The District Collector O/o. The District Collector Office, Mayiladuthurai District.

2.The District Revenue Officer District-level Review Committee under G.O. 540, Mayiladuthurai District 3.The Revenue Divisional Officer, Divisional-level Appellate Committee under G.O. 540, Mayiladuthurai District.

4.The Tahsildar, Tharangambadi, Mayiladuthurai District.

5.The Revenue Inspector, Thiruvilayattam Circle Tharangambadi (Tk)

6.Asaraf Ali, S/o. Samimudeen, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402.

7.Jaibunisha, W/o. Basha, New Street, Kiliyanur, Mayiladuthurai District - 609 402.

8.Shagul Hamed, S/o. Abdul Raseed, New Street, Kiliyanur, Mayiladuthurai District - 609 402 9.Rahamath Kani, W/o. Kathar Moideen, New Street, Kiliyanur, Mayiladuthurai District - 609 402 10.Faisur Rahuman, S/o. Abdul Ajees, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402 11.Suguna W/o. Kulanjiyappan, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402 12.Mohammed Ansari S/o. Kulam Moideen, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402.

13.Abdul Raseed, S/o. Ibrahim, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402.

14.Mohammed Jakkiriya, S/o. Pakkir Mohammed, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402b 15.Mohammed Imran, S/o. Mohammed Iqbal, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402.

16.Ribayutheen, S/o. Subhahan, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402.

17.Iqbal, S/o. Abdul Vahab, IFS Main Road, Kiliyanur, Mayiladuthurai District 609 402.

18.Fathima, W/o. Jaburullah, IFS Main Road, Kiliyanur, Mayiladuthurai District - 609 402.

19.Ashik Ali S/o Mohammed Iqbal IFS Main Road, Kiliyanur, Mayiladuthurai District - 609 402.

20.Ramanathan S/o. Masilamani IFS Main Road, Kiliyanur, Mayiladuthurai District - 609 402.

21.Manobala, S/o. Mathivannan, IFS Main Road, Kiliyanur, Mayiladuthurai District - 609 402.

22.Tahaa, S/o. Abulhasan, IFS Main Road, Kiliyanur, Mayiladuthurai District - 609 402 Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st Respondent, the District Collector, Mayiladuthurai, to forthwith remove all unauthorized encroachments, including 17 shops and one sheet house constructed on Survey No. 134/1 (Poramboke Kulam), Kiliyanur Village, Tharangambadi Taluk, Mayiladuthurai District, based on the representation dated 05.05.2025 (Grievance Day Petition No.21) and pursuant to the eviction notices dated 20.12.2024 issued under Section 7 of the Chennai City Land Encroachment Act, 1905 by the 5th Respondent, within a time frame.

For Petitioner :

Mr. U.Kathiravan (through Video Conferencing) For Respondents : Mr. K.Karthik Jagannath Government Advocate For R1 To R5.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition, styled as 'public interest litigation', has been filed seeking issuance of direction upon the first respondent, to remove all unauthorized encroachments, including 17 shops and one sheet house constructed on Survey No.134/1 (Poramboke Kulam), Kiliyanur Village, Tharangambadi Taluk, Mayiladuthurai District, based on the representation dated 05.05.2025.

2. The fourth respondent has filed a status report stating that the authorities inspected the subject-land on 21.08.2025 and found various constructions put-up on the land.

3. It is further stated that there are 15 shops and 7 residential houses in the said survey number and the subject land has remained encroached for more than two decades. Already notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, has been issued to all the encroachers. Notices have been issued to 15 shops on 10.09.2025, giving them 15 days' time to remove the encroachment.

4. As far as the residential houses are concerned, steps are being taken to give them alternative land, by providing house-site pattas subject to their eligibility; and thereafter if they do not vacate, necessary eviction proceedings would be initiated against them.

5. Learned State Counsel prays for further time of four weeks to complete the eviction proceedings and restore the waterbody.

6. We find that notices under Section 7 of the Act of 1905, followed by orders under Section 6 of the said Act, have already been issued and the proceedings have already been initiated. We are therefore inclined to grant four weeks' time to the authorities to completely remove the encroachments from the concerned waterbody.

7. With the aforesaid direction, the writ petition stands disposed of. There will be no order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 24.03.2026 Index : Yes/No : Yes/No tar

To

1. The District Collector Mayiladuthurai District.

2.The District Revenue Officer District-level Review Committee under G.O. 540, Mayiladuthurai District 3.The Revenue Divisional Officer, Divisional-level Appellate Committee under G.O. 540, Mayiladuthurai District.

4.The Tahsildar, Tharangambadi, Mayiladuthurai District.

5.The Revenue Inspector, Thiruvilayattam Circle Tharangambadi (Tk)

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 24.03.2026