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Madras High CourtWP/35794/2025disposed of

Venkatachalam v. The District Collector

2025-10-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH M.Venkatachalam .... Petitioner Vs 1.The District Collector Office of the District Collector Kallakurichi District.

2.The District Revenue Officer Kallakurichi.

3.The Revenue Divisional Officer Tirukkoilur Division Thirukkoilur Kallakurichi District.

4.The Tahsildar (Revenue) Office of the Tahsildar Ulundurpet Taluk Kallakurichi District.

5.Navammal 6.Mayakrishnan ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying 1/4

to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment in S.No.104/3A1 (Odai 1.07.5 Ares) in Nonayavadi Village, Ulundurpet Taluk, Kallakurichi District erected by the fifth and sixth respondents within a time frame fixed by this Court. For Petitioner : Ms.L.Parvin Banu For Respondents : Mr.S.Rajesh Government Advocate for R1 to R4

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment in Survey No.104/3A1 (1.07.5 ares) in Nonayavadi Village, Ulundurpet Taluk, Kallakurichi District, which is said to have been encroached by the fifth and sixth respondents.

2. Heard Ms.L.Parvin Banu, learned counsel appearing for the petitioner and Mr.S.Rajesh, learned Government Advocate appearing for the respondents 1 to 4.

3. Even though the relief sought, is for the removal of encroachment that is said to have been made by the fifth and sixth respondents, the Division Bench which heard this matter on 24.10.2025, has held that the petitioner effectively 2/4

wants the patta that was issued in favour of the fifth respondent, to be cancelled. Accordingly, the Division Bench had directed this writ petition to be posted before the concerned portfolio Judge and accordingly, the matter has been listed before me today.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the third respondent to deal with the representation made by the petitioner on 21.05.2025 on its own merits and in accordance with law, after affording opportunity to the fifth and sixth respondent and final orders shall be passed within a period of eight weeks.

5. This writ petition is disposed of with the above direction. No costs. 29.10.2025 Speaking Order/Non-Speaking Order ds N. ANAND VENKATESH., J ds To:

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1.The District Collector Office of the District Collector Kallakurichi District.

2.The District Revenue Officer Kallakurichi.

3.The Revenue Divisional Officer Tirukkoilur Division Thirukkoilur Kallakurichi District.

4.The Tahsildar (Revenue) Office of the Tahsildar Ulundurpet Taluk Kallakurichi District.

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