M.Seenivasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P No. 36324 of 2025 M.Seenivasan S/o. Murugesan, Konankaadu, Muthanampalayam, S. Papaarapatti, Salem Taluk, Salem District. ..Petitioner Vs
1. The District Collector Salem District, Salem.
2. The Revenue Divisional Officer Sangagiri Revenue Divisional Office, Sangagiri, Salem.
3. The Tahsildar Sangagiri Taluk, Sangagiri, Salem.
4. Geetha W/o. Balasubramaniam, No.15/57, Melvattam, Rasigowndanur, Idangana Salai, Sangagiri, Salem.
..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments made by the 4th Respondent in the contract available in the periya lake site comprised in Survey No.220 Idangalasalai, (Bit2) Sangagiri Taluk, Salem District.
For Petitioner :
Mr.Ckm Appaji For Respondents :
Mr.S.Arumugam Government Advocate Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments made by the 4th Respondent in the contract available in the periya lake site comprised in Survey No.220 Idangalasalai, (Bit2) Sangagiri Taluk, Salem District.
2. It is the case of the petitioner that at S.No.220, Idangalasalai (Bit2), Sangagiri Taluk, Salem District, there is a lake called 'Periya Eri' (Big Lake) and on the banks of the lake, there is a pathway to reach the nearby lands, which is a water body poramboke. The same is allegedly encroached upon by the fourth respondent is the complaint of the petitioner. Therefore, in order to remove such encroachment, the petitioner has given a representation on 13.06.2025 to the first respondent / District Collector and the respondents 2 and 3 ie., Revenue Divisional Officer and Tahsildar. Having receipt of the said representation since no action has been taken by them according to the petitioner's counsel, the petitioner has move the present writ petition.
3. Mr.S.Arumugam learned Government Advocate takes notice for respondents 1, 2 and 3. In view of the order that is going to be passed in this writ petition, notice to the 4th respondent is dispensed with.
4. Learned Government Advocate would submit that the Tahsildar ie., the third respondent has verified whether there has been any encroachment on the part of the fourth respondent in the land in question, which has been confirmed that there is an encroachment. However, exactly what is the area of encroachment has to be found out only after conducting a survey by the Revenue Tahsildar, for which he would take immediate steps within a shortest possible time and thereafter, after identifying the exact extent of encroachment by the fourth respondent or any other third party, action would be taken against the fourth respondent or any other third party to remove such encroachment.
5. Having regard to the said submission, especially the stand taken by the learned Government Advocate we are inclined to dispose of this writ petition with the following orders.
(a) There shall be a direction to the official respondents especially the third respondent to survey the land in question, which is claimed to be a public pathway on bank of the lake in the presence of the petitioner as well as the 4th respondent. And after idenfying the extent of the encroachment made either by the fourth respondent or any other third party, the same can be removed in the manner known to law.
(b) The needful as indicated above shall be undertaken by the third respondent within a period of two months from the date of receipt of a copy of this order.
6. With the above directions, this writ petition is disposed of. No costs. (R.S.K.,J.) (H.C.,J.) 28-10-2025 Index: Yes/No Speaking/Non-speaking order KST
To
1. The District Collector Salem District, Salem.
2. The Revenue Divisional Officer Sangagiri Revenue Divisional Office, Sangagiri, Salem.
3. The Tahsildar Sangagiri Taluk, Sangagiri, Salem.
R.SURESH KUMAR J.
AND HEMANT CHANDANGOUDAR J.
KST 28-10-2025