V.Murugesan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR V.Murugesan ... Petitioner vs.

1.

The District Collector Salem District The Revenue Divisional Officer Salem The Revenue Tahsildar Valappadi Taluk Salem District Block Development Officer (Village Panchayat) Panchayat Union Office Ayothiyapattinam Salem District 5.

Kuppusamy 6.

Manimurugan 7.

M.Theivam Page Nos.1/6

8.

Selvam 9.

Murugesan 10.

Guruchandran 11.

Theivam 12.

Balu 13.

Sanju 14.

Natarajan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, to direct Respondents 1 to 4 to remove the encroachment made in Survey Nos.186/3, 187/1 and 188/1A of Periya Kavundapuram Village, Valappadi Taluk, Salem District made by Respondents 5 to 14 and restore the odai to its original position within a stipulated time frame fixed by this Court.

For Petitioner :

Mr.P.Vetrivel For Respondents :

Mr.K.Suresh Government Advocate for R1 to R3 Mr. P.Ganesan Addl.Govt. Pleader for R4 Page Nos.2/6

ORDER

[Order of the Court was made by M.SUNDAR, J.] Subject matter of captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Survey Nos.186/3, 187/1 and 188/1A of Periya Kavundapuram Village, Valappadi Taluk, Salem District' (hereinafter 'said lands' for the sake of convenience and clarity). Request for removal of aforereferred alleged encroachment by way of representations dated 19.10.2024 and 15.11.2024 has not yielded results and that has necessitated captioned WP is the submission of learned counsel for writ petitioner.

Issue notice to official respondents (R1 to R4). Mr. K.Suresh, learned Government Advocate accepts notice for Respondents 1 to 3 and Mr.P.Ganesan, learned Additional Government Pleader accepts notice for R4. Learned State counsel submits that survey of said land will be done within a period of eight weeks from today, i.e., on or Page Nos.3/6

before 15.10.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide either under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of convenience and clarity} or under 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' (hereinafter 'Tanks Act' for the sake of brevity) or under any other appropriate/applicable Statute 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 10.12.2025. This submission is recorded.

5.

Though obvious, we make it clear that all the rights and contentions of Respondents 5 to 14 /private respondents stand preserved and this order does not impinge upon the rights of Respondents 5 to 14 /private respondents. Therefore, there is no impediment in dispensing with notice to private respondents and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so. 6.

Captioned WP is disposed of in the aforesaid manner recording Page Nos.4/6

the stated position of learned State counsel. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 20.08.2025 Index: Yes/No gpa To 1.

The District Collector Salem District The Revenue Divisional Officer Salem The Revenue Tahsildar Valappadi Taluk Salem District Block Development Officer (Village Panchayat) Panchayat Union Office Ayothiyapattinam Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

gpa 20.08.2025 Page Nos.6/6