P.Krishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR P.Krishnan ... Petitioner -Vs1. The District Collector, Office of the District Collectorate Building, Ranipet District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Ranipet District.

3. The Tahsildar, Sholingar Taluk Office, Sholingar Taluk, Ranipet District.

4. The Assistant Engineer, Water Resources Department, Kaveripakkam, Ranipet District.

5. Mani @ Subramani ...

Respondents 1/6

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 1 to 4 herein to remove the encroachment made by the fifth respondent in the land, i.e., comprised in Survey No.86/1 situated at Koothambakkam Village, Arakonam Taluk presently Sholingar Taluk, Vellore District based on the petitioner's representation dated 11.08.2025.

For Petitioner :

Mr.A.Velmurugan For Respondents :

Ms.M.Jayanthy Addl. Government Pleader for R1 to R4 Notice dispensed with for R5

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a writ of mandamus to direct the respondents 1 to 4 herein to remove the encroachment made by the fifth respondent in the land comprised in Survey No.86/1 situated at Koothambakkam Village, Arakonam Taluk presently Sholingar Taluk, Vellore District based on the petitioner's representation dated 11.08.2025.

2. With regard to the land in question in Survey No.86/1 situated at Koothambakkam Village, Arakonam Taluk presently Sholingar Taluk, Vellore 2/6

District, there has been an alleged encroachment by the fifth respondent as alleged by the petitioner and in order to remove such encroachment, representation has already been given in an earlier date, i.e., on 30.06.2025, thereafter he approached this Court by filing writ petition in W.P.No.29191 of 2025 which was disposed by the Division Bench of this Court by order dated 06.08.2025 to give a representation to the District Collector who stood as first respondent in the said writ petition.

3. Pursuant to the said order, he has given a representation to the District Collector on 11.08.2025 to remove such encroachment, since no action has been taken, he has approached this Court by filing the present writ petition.

4. Heard Mr.A.Velmurugan, learned counsel appearing for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents 1 to 4. Insofar as the fifth respondent is concerned, notice is dispensed with in view of the order that is going to be passed in this writ petition.

5. When it is alleged by the petitioner that it is odai poramboke land which is being allegedly encroached by the fifth respondent, therefore such 3/6

encroachment has to be removed after conducting the survey, hence he seeks indulgence of this Court to give a direction to the official respondents.

6. Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that, the third respondent Tahsildar would conduct a survey of the land in question in the presence of the petitioner and the fifth respondent, thereafter action would be taken in accordance with law if there is any encroachment found in the said Government odai poramboke land either by the fifth respondent or any third party.

7. Recording the said submissions made by the learned Additional Government Pleader appearing for the official respondents, this Court is inclined to dispose of the writ petition with the following orders: (i) that there shall be a direction to the third respondent / Tahsildar to conduct a survey after giving notice to both the petitioner as well as the fifth respondent in the land in question and if any encroachment is found either by the fifth respondent or any third party, the same can be removed in accordance with law after giving notice to the encroachers. (ii) The needful as indicated above shall be undertaken by the official respondents within a period of two months from the date of receipt of a copy of this order. 4/6

8. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs.

(R.S.K., J.) (H.C., J.) 10.11.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Office of the District Collectorate Building, Ranipet District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Ranipet District.

3. The Tahsildar, Sholingar Taluk Office, Sholingar Taluk, Ranipet District.

4. The Assistant Engineer, Water Resources Department, Kaveripakkam, Ranipet District.

5/6

R.SURESH KUMAR, J.

and HEMANT CHANDANGOUDAR, J.

vji 10.11.2025 6/6