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Madras High CourtWP/39185/2025disposed of

Mahavishnu v. The District Collector

2025-11-25Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Hemant Chandangoudar6 pages

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 Mahavishnu S/o.Sivamani, No.1/10, Thadangam, Thokkampatti Post, Dharmapuri District- 636 705. ..Petitioner Vs

1. The District Collector Dharmapuri District.

2. The District Revenue Officer Dharmapuri District.

3. The Revenue Divisional Officer Dharmapuri District.

4. The Municipal Commissioner Municipality Office, Dharmapuri .

5. The Assistant Director Of Town Panchayats The Assistant Director Of Town Panchayat Office, Dharmapuri District.

6. The Thasildhar Pennagaram Taluk, Dharmapuri District.

7. Madhesh S/o.Ramasamy

No.264, Kalinaickanur, Chinnampalli, Pennagaram, Dharmapuri District.

..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents 1 to 6 herein to remove the illegal occupation made by the 7th Respondent herein in respect of the property situated Dharmapuri District, pennagaram Taluk, Chinnampalli Village, in survey No.536/1, to an extent of 22.5 Ares and in survey No.536/2 to an extent of 11.5 ares Hectares, totally comes as around 34.00 Ares belonged to Government land (it is called as Anatheenam) on the basis of Representation dated 20.11.2023 and 26.09.2024. For Petitioner :

Mr.M.Dinesh For Respondents :

Mr.T.Chezhiyan Additional Government Pleader -for RR 1 to 6 R7 - Notice dispensed with Order (Order of the Court was made by R.Suresh Kumar J.) In respect of Survey Nos. 536/1 and 536/2 at Chinnampalli Village, Pennagaram Taluk, Dharmapuri District, it is the contention of the petitioner that it is a Government Poramboke land described as Anatheenam, where, to the extent of 22.5 Ares in 536/1 and 11.5 Ares in Survey No.536/2 has been encroached upon by the seventh respondent. Therefore, in order to remove the encroachment, the petitioner has given a representation dated 20.11.2023

and again on 26.09.2024 to the official respondents. However, since no action has been taken, the petitioner has moved the present writ petition.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader for the respondents 1 to 6. In view of the order that is going to be passed in this writ petition, notice to the 7th respondent is dispensed with.

3. Learned Additional Government Pleader would submit that the representation of the petitioner would be considered by conducting an inspection at the land concerned after giving notice to the petitioner as well as the seventh respondent, and if any encroachment is found out, that would be removed in accordance with law within a time frame that may be stipulated by this Court.

4. Having regard to the stand taken by the learned Additional Government Pleader, this Court is inclined to dispose of this writ petition with a direction to the sixth respondent to consider the representation of the petitioner dated 26.09.2024, and conduct a survey / inspection at the land concerned after giving notice to both the petitioner as well as the 7th

respondent. If any encroachment is found out either on the part of the seventh respondent or any third party in the Government Poramboke land called Anatheenam land, necessary action be taken to remove such encroachment especially under the provisions of the Land Encroachment Act 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 Dharmapuri District.

2. The District Revenue Officer Dharmapuri District.

3. The Revenue Divisional Officer Dharmapuri District.

4. The Municipal Commissioner Municipality Office, Dharmapuri .

5. The Assistant Director Of Town Panchayats The Assistant Director Of Town Panchayat Office, Dharmapuri District.

6. The Thasildhar Pennagaram Taluk, Dharmapuri District.

R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST 25-11-2025