E.Karthikeyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN E.Karthikeyan : Petitioner versus 1.The District Collector, Tiruppur District, Tiruppur 2.The Tahsildar, Kangeyam Taluk, Tiruppur District 3.D.Mohanraj 4.R.Dhanasekar 5.Rajkumar 6.Ramasamy : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to take appropriate action to remove the encroachment made by the 3rd to 6th respondents without proper permission and approval by the concerned authorities in the Government land classified as Paarai Kundru Rocky Hill bearing Survey No.1023/1 situated in Perumal Malai Sivanmalai Panchayat of Kangeyam Taluk, Tiruppur District by considering the petitioner's representation dated 28.07.2025.

For Petitioner :

Mr.R.Raghul

For Respondents :

Mr.M.Habeeb Rahman, Government Advocate, for respondents 1 and 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This public interest litigation has been filed alleging that the private respondents have been encroaching upon poromboke land time and again.

2. The petition has been filed because the petitioner apprehends that again, the private respondents may proceed to encroach upon the land wherefrom they were earlier removed. A representation was made on 28.07.2025 to the authorities to take preventive action and thereafter, this petition has been filed. In paragraph 9 of the affidavit, it has been clearly stated that earlier, encroachment has been removed. The other averment made is that the private respondents are again trying to build a private temple/place the removed readymade constructed temple block in the encroached land.

3. It goes without saying that if at all any encroachment is made on a Government land, the same is required to be removed. We are of the view that this petition is quite premature. Only on an apprehension that the encroachment may again be made, this petition has been filed, after giving representation. In case any encroachment is made, it will be open for the petitioner to approach the authorities.

4. The petition stands dismissed. There will be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 01.09.2025 Index : Yes/No : Yes/No tar To 1.The District Collector, Tiruppur District, Tiruppur 2.The Tahsildar, Kangeyam Taluk, Tiruppur District

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

(tar) 01.09.2025