V.Venugopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-12-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP No. 38922 of 2025'

and WMP Nos.43652 & 43654 of 2025 V.Venugopal Petitioner(s) Vs

1. The District Collector Villupuram District, Villupuram 604 205 2.The Block Development Officer Senji Taluk, Villupuram District 3.The Tahsildar Senji Taluk, Villupuram District 4.J.Barathi @ Barathidasan 5.J. Bhaskar Respondent(s) PRAYER:-The Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the second respondent in relation to the notice dated 250.6.2025 in Na.Ka. No A1 / 1648 / 2024 and quash the same and consequently direct the respondents 1 to 3 herein to remove the encroachments made by the fourth Page No.1/6

and fifth respondents herein in S. No 81 together all other encroachments made in S. No 81, Pillaiyar kovil street, siunampoondi village, Konai Post, Senji Taluk, Villupuram district 604 205.

For Petitioner(s):

Ms.J. Lavanya For Respondent(s): Mr.M.S.Premkumar, Govt.Advocate For R1 To R3.

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The inter-departmental communication between the Block Development Officer, Punchayat Union and the Revenue Tahsildar, Gingee dated 20.06.2025 is under challenge in the present writ proceedings. The Block Development Officer seeks the assistance of the Revenue Tahsildar and the Police Department for removal of encroachments. 2.The learned Government Pleader would submit that eviction proceedings have been instituted by the Jurisdictional Tahsildar Gingee under the provisions of the Tamil Nadu Land Encroachment Act, 1905. Consequently, the order under challenge is an inter-departmental communication, and therefore, the writ petition is not maintainable. 3.In any event, eviction proceedings have already been instituted by the Jurisdictional Tahsildar, who in turn, is bound to complete the same by following the procedures as contemplated under the provisions of the Tamil Page No.2/6

Nadu Land Encroachment Act, 1905.

4.A communication dated 20.06.2025 would indicate that several attempts have been made for the eviction of encroachers, and the authorities are unable to complete the eviction proceedings. Thus, the Block Development Officer has written a letter seeking the assistance from the Police Department and the Revenue Authorities for removing the encroachments.

5.Under these circumstances, the respondents 1 to 3 are directed to initiate all appropriate action, with the assistance of the Police Department, for the purpose of removal of the encroachment in the manner known to law. The said exercise is directed to be completed within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, the writ petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) Sha 01-12-2025 Index:Yes/No Page No.3/6

Speaking/Non-speaking order Internet:Yes Page No.4/6

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

To 1.The District Collector Villupuram District, Villupuram 604 205 2.The Block Development Officer Senji Taluk, Villupuram District 3.The Tahsildar Senji Taluk, Villupuram District Page No.5/6

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