Karuppannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR Karuppannan S/o.Sellappa Gounder, No.2/93, Sevanthampalayam, Arasanatham Vilalge, Mohanur Taluk, Namakkal District-637 020.

..Petitioner Vs

1. The District Collector District Collectorate, Namakkal District.

2. The Revenue Divisional Officer Mohanur Taluk, Namakkal District.

3. The Tahsildar Mohanur Taluk, Namakkal District.

4. The Revenue Inspector, Mohanur Taluk, Namakkal District-637 015.

5. Palanimalai, S/o.Kaliyanna Goudner, No.2/93, Sevanthampalayam, Arasanatham Village, Mohanur Taluk, Namakkal District-637 020 ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachments made by the 5th respondents 1 to 4 to remove the encroachments made by the 5th respondent into the Government Vacant Poramboke Land, comprised in survey No.183/2, situate in Arasanatham Village, Mohanur Taluk, Namakkal District, by considering the petitioners representation dated 07.07.2025 within a time frame as may be fixed by this Court.

For Petitioner :

Mr.S.Senthil

For Respondents :

Mr.T.Chezhian Additional Government Pleader - for R1 to R4 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 4 to remove the encroachments made by the 5th respondents 1 to 4 to remove the encroachments made by the 5th respondent into the Government Vacant Poramboke Land, comprised in survey No.183/2, situate in Arasanatham Village, Mohanur Taluk, Namakkal District, by considering the petitioners representation dated 07.07.2025 within a time frame as may be fixed by this Court.

2. According to the petitioner, the land at Survey No.183/2 at Arasanatham Village, Mohanur Taluk, Namakkal District is a Government Poramboke land which is vested with the Village Panchayat. In that land, suddenly the fifth respondent has put up some temporary construction. The said land is being used as a common pathway by all village people. When that being so, the fifth respondent has encroached the same by putting up a structure. In order to remove the same, the petitioner has given a representation dated 07.07.2025 to the Revenue Inspector with a copy marked to the District Collector, Namakkal, District Revenue Officer and the Revenue Divisional Officer and since no action was taken, he has approached this Court by filing the present writ petition.

3. Heard the learned counsel for the petitioner and Mr.T.Chezhian, learned Additional Government Pleader appearing for the respondents 1 to 4. In view of the order that is going to be passed in this writ petition, notice to the fifth respondent is dispensed with.

4. Learned Special Government Pleader submits that inspection would be conducted immediately by the respondents 3 and 4 in the land in question after giving notice to the petitioner as well as the fifth respondent to find out whether there has been any encroachment by the fifth respondent in the Government Poramboke land / Village Panchayat land and if they find that any encroachment is made either by the fifth respondent or any third party, necessary action would be taken by invoking the provisions of the Land Encroachment Act.

5. In view of the said stand taken by the learned Special Government Pleader, this Court is inclined to dispose of this writ petition by giving a direction to the respondents 3 and 4 to inspect the property in question and find out whether there is any encroachment on the part of the fifth respondent or any third parties and after giving notice to the petitioner and the fifth respondent. If any encroachment is found out on the land in question, the same shall be removed by invoking the provisions of the Land Encroachment Act and the needful shall be undertaken within

a period of two months from the date of receipt of a copy of this order. With the above directions, this writ petition is disposed of. No costs. (R.S.K.,J.) (H.C.,J.) 25-11-2025 Index: Yes/No Speaking/Non-speaking order KST To

1. The District Collector District Collectorate, Namakkal District.

2. The Revenue Divisional Officer Mohanur Taluk, Namakkal District.

3. The Tahsildar Mohanur Taluk, Namakkal District.

4. The Revenue Inspector, Mohanur Taluk, Namakkal District-637 015.

R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST 25-11-2025