P.Chellamuthu v. The Additional Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE P.Chellamuthu ... Petitioner Vs.

1.The Additional Chief Secretary, Department of Rural Development of Panchayat Raj, Fort St. George, Chennai-9.

2.The District Collector/Monitoring Committee, Karur-639 007.

3.The Project Director, 4.The Executive Engineer, 5.The Block Development Officer, Karur Panchayat Union, Vennamalai-639 006.

6.Srilekha, Project Director, 1/6

7.Rajagandham 8.Gunasekaran 9.The Tahsildar, Manmangalam Taluk, Karur District.

... Respondents [R9 is suo motu impleaded vide Court order dated 04.06.2025 in W.P.(MD) No.3082 of 2025] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments and obstruction made by the respondents 7 and 8, and others in S.No.181 Road and its water channel, situated at Kadambankurichi Village, Manmangalam Taluk, Karur District and ensure the Road is laid properly after due survey and removal of encroachment and further that water channel on either side is also laid properly for free flow of water by considering the petitioner's representation dated 20.01.2025 within a time frame as may be fixed by this Court.

For Petitioner :

Mr.R.Rajesh Kumar For RR1 to 5 :

Mr.J.Ashok Additional Government Pleader For R8 :

Mr.V.Sukumar 2/6

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been instituted to direct respondents 1 to 5 to remove the encroachments and obstructions made by respondents 7 and 8 and others in S.No.181 road and its water channel, situated at Kadambankurichi Village, Manmangalam Taluk, Karur District and ensure that the road is laid properly after due survey and removal of encroachment and further that water channel on either side is also laid properly for free flow of water by considering the petitioner's representation dated 20.01.2025.

2. The Tahsildar, Manmangalam Taluk, Karur is suo motu impleaded as ninth respondent, since the Tahsildar is the authority under the Tamil Nadu Land Encroachment Act, 1905 to evict the encroachers.

3. Mr.J.Ashok, learned Additional Government Pleader takes notice on behalf of the newly impleaded respondent. 3/6

4. The learned Additional Government Pleader would submit that actions have already been initiated to identify the encroached portion of the land.

5. In view of the fact that actions have already been initiated, respondents 2 to 5 are directed to complete the process of identifying the encroachment and the ninth respondent is directed to evict the encroachers by taking over the land and utilise the same for the purpose of public at large. 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.

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

[S.M.S., J.] [A.D.M.C., J.] 04.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6

To 1.The Additional Chief Secretary, Department of Rural Development of Panchayat Raj, Fort St. George, Chennai-9.

2.The District Collector/Monitoring Committee, Karur-639 007.

3.The Project Director, 4.The Executive Engineer, 5.The Block Development Officer, Karur Panchayat Union, Vennamalai-639 006.

6.The Tahsildar, Manmangalam Taluk, Karur District.

5/6

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 04.06.2025 6/6