V.Devaraj v. The District Collector

2025:MHC:1852

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HON'BLE MR JUSTICE M. SUNDAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 27781 of 2022 V.Devaraj s/o.Vadivel, No.1/7, West Street, Thenkunam Village, Ulundurpet, Kallakurichi District.

..Petitioner Vs

1. The District Collector Kallakurichi, Kallakurichi District.

2. The Revenue Divisional Officer, Thirukovilor, Kallakurichi District.

3. The Block Development Officer, Ulundurpet, Kallakurichi District.

4. The Thasildar, Ulundurpet, Kallakurichi Distirct.

5. Thandavarayan s/o.Kathirvel, Thenkunam Village, Ulundurpet, Kallakurichi District.

6. Perumal S/o.Muthu, Thenkunam Village, Ulundurpet, Page Nos.1/4

Kallakurichi District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing the 4th respondent to remove the encroachment in Odai Poramboke in S.No.169/8 to an extent of 0.45 Ares in Thenkunam Village, Ulundurpet Taluk, Kallakurichi District, as per the direction of 3rd respondent in Na.Ka.No.A2/198/2021 dated 23.08.2022 within the time frame fixed by this Honourable Court. For Petitioner:

Mr.J.Jayamalan for Mr.S.Nedunchezhiyan For Respondents:

Mr.T.K.Saravanan Additional Government Pleader for R1 to R4 Mr.R.Lokeshwaran for R5 & R6

ORDER

(Order of the Court was made by M.Sundar J.) Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} has been filed with 'RoE' {'Removal of Encroachment'} prayer qua S.No.169/8 in Thenkunam Village, Ulundurpet Taluk, Kallakurichi District, which according to the writ petitioner is a 'Oodai Poromboke'.

2. Learned counsel for writ petitioner submits that though an order under Page Nos.2/4

Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) has been made, there was inaction and that has necessitated the captioned WP.

3. Responding to this, learned State Counsel submitted that encroachment has since been removed on 01.12.2022. This submission of learned State Counsel is recorded.

4. Recording the stated position of learned State Counsel, captioned WP is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (H.C.,J.) 28-07-2025 Index : Yes / No Speaking / Non-speaking order mk Page Nos.3/4

M.SUNDAR, J.

AND HEMANT CHANDANGOUDAR, J.

mk To

1. The District Collector Kallakurichi, Kallakurichi District.

2. The Revenue Divisional Officer, Thirukovilor, Kallakurichi District.

3. The Block Development Officer, Ulundurpet, Kallakurichi District.

4. The Thasildar, Ulundurpet, Kallakurichi Distirct.

WP No. 27781 of 2022 28-07-2025 Page Nos.4/4