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Madras High CourtWP/33094/2025dismissed

A.Kandasamy v. The District Collector

2025-09-02Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN A.Kandasamy ..

Petitioner Vs.

1. The District Collector Collectorate Salem District 636 401.

2. The Tahsildar Taluk Office, Omalur Omalur Taluk Salem District 636 455.

3. The Block Development Officer Omalur Panchayat Union Omalur Taluk Salem District 636 455.

4. Murugan

5. Subramani

6. Veerappan ..

Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing respondents 1 to 3 to remove the encroachment made by respondents 4 to 6 in Survey No.102/10, situated at Thekkampatti Village, Omalur Taluk, Salem District being a poramboke land.

For Petitioner :

Mr.K.Balakrishnan For Respondents :

Mr.K.Karthik Jegannath Government Advocate for Respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This public interest litigation has been filed alleging encroachments by respondents 4 to 6 in Survey No.102/10, situated at Thekkampatti Village, Omalur Taluk, Salem District.

2. We find that representation was made on 07.08.2025 and even without waiting for a reasonable time, petitioner has rushed to file this petition on 28.08.2025.

3. Petition is premature. It is only when no action is taken within a reasonable time, say six months, a party can approach the Court alleging inaction. Petition is, therefore, dismissed. This order shall not come in the way of official respondents holding appropriate survey in view of the complaint made by petitioner. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 02.09.2025 Index :

Yes/No Yes/No kpl To

1. The District Collector Collectorate, Salem District 636 401.

2. The Tahsildar Taluk Office, Omalur Omalur Taluk, Salem District 636 455.

3. The Block Development Officer Omalur Panchayat Union

Omalur Taluk Salem District 636 455.

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

(kpl) 02.09.2025