Madras High CourtWP(MD)/3379/2020disposed of

M.Subramanian v. The District Collector

2025-07-15Honourable Mr Justice S.M. Subramaniam,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Subramanian ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

3.Azhagu Perumal 4.Nageswaran 5.Dharmaraj 6.Selvam 7.Karuppasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct respondents 1 and 2 herein to remove the encroachment made by respondents 3 to 7 herein in Survey No.439/7, situated in Vembathur Group, Sivagangai Taluk, Sivagangai District and consequently to maintain the public road free from encroachment as per the representation of the petitioner dated 31.10.2019 within a reasonable time.

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For Petitioner :

Mr.S.Srinivasa Raghavan For RR1 & 2 :

Mr.M.Sarangan Additional Government Pleader For RR3 to 7 :

Mr.K.K.Mahesh Raja

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct respondents 1 and 2 to remove the encroachment made by respondents 3 to 7 in Survey No.439/7, situated in Vembathur Group, Sivagangai Taluk, Sivagangai District and consequently to maintain the public road free from encroachment.

2. The learned Additional Government Pleader appearing on behalf of respondents 1 and 2, on instructions, would submit that the authorities undertake to survey the land, identify the encroachments, if any and take action.

3. In view of the submission made by the learned Additional Government Pleader, the second respondent is directed to conduct survey, identify encroachments, if any, and evict the encroachers by 2/4

following due procedure as contemplated under the Act and Rules. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

[S.M.S., J.] [S.S.Y., J.] 15.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

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S.M.SUBRAMANIAM, J.

and S.SRIMATHY, J.

abr 15.07.2025 4/4