Kamalanathan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Kamalanathan ... Petitioner Vs.
1.The District Collector, Vilupuram District, Vilupuram.
2.The Superintendent of Police, Vilupuram District, Vilupuram.
3.The Inspector of Police, Kottakuppam Police Station, Vilupuram District.
4.Sasikumar 5.Vasu 6.Chakrapani 7.Rathish 8.Murali 9.Rajamani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 and 3 to take action against the respondents 4 to 9 for preventing the petitioner and his family members from doing their occupation of fishing in the sea and selling of fish in the market. Page No.1 of 6
For Petitioner : Mr.S.Sasikumar For Respondents : Mr.A.M.Ayyadurai Government Advocate [R1] Mr.Baskar Government Advocate (Crl.Side) [R2 & R3] Notice dispensed with [R4 to R9] *****
ORDER
This Writ Petition has been filed by the petitioner seeking a Writ of Mandamus, to direct the respondents 1 and 3 to take action against the respondents 4 to 9 for preventing the petitioner and his family members from doing their occupation of fishing in the sea and selling of fish in the market.
2. Since no adverse order is being passed against the respondents 4 to 9, notice to the respondents 4 to 9 is dispensed with.
3. Mr.A.M.Ayyadurai, learned Government Advocate, accepts notice on behalf of the 1st respondent and Mr.Baskar, learned Government Advocate (Crl.Side), accepts notice on behalf of the respondents 2 and 3. With the consent of the parties, this writ petition is taken up for final disposal at the stage of admission itself. Page No.2 of 6
4. The case of the petitioner is that he is a resident of Mudaliyar Kuppam Village, Kilputhupattu, Marakanam Taluk, Vilupuram District. He is a fishermen and engaged in fishing. In the sea fishing limit of Mudaliyar Kuppam Village, there is a property owned by the petitioner's family members and the said property has been encroached upon and dumped with debris by the members of the Fishermen Panchayat at Mudaliyar Kuppam. Objection the same, the petitioner made a request to remove the encroachment and debris, aggrieved by the same, the private respondents made a complaint against the petitioner. In view of the continuous dispute, the private respondents have expulsed the petitioner from the village, thereby he made a complaint before the respondents 2 and 1 on 22.09.2025 and 29.09.2025 respectively. Since the same was not considered, the petitioner has filed the present writ petition.
5. Though very many grounds have been raised in this writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents 1 and 3 to take action against the respondents 4 to 9 for preventing the petitioner and his family members from doing their occupation of fishing in the sea and selling fish in the market.
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6. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the 3rd respondent to conduct an enquiry in between the petitioner and the respondents 4 to 9, and pass appropriate orders, on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order, after providing an opportunity of personal hearing to the petitioner as well as the private respondents.
7. With the above direction, this Writ Petition is disposed of. No costs.
31.10.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The District Collector, Vilupuram District, Vilupuram.
2.The Superintendent of Police, Vilupuram District, Vilupuram.
3.The Inspector of Police, Kottakuppam Police Station, Vilupuram District.
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M.DHANDAPANI, J.
sp 31.10.2025 Page No.6 of 6