M.Poopandi v. The District Collector / Monitoring Committee

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 M.Poopandi ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Madurai District.

2.The Tahsildar, Taluk Office, Vadipatti Taluk, Madurai District.

3.The Executive Officer, Andipatti Village Panchayat, Vadipatti Taluk, Madurai District.

4.Jeyapaul 5.Chithiraiselvan

...Respondents

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 - 3 to remove the encroachments made by the respondents 4 and 5 in Sy.No.110/27 of Andipatti Village of Vadipatti Town 1/5

Panchayat based on Petitioner's representation dated 17.10.2024. For Petitioner :

Mr.S.Vasantha Yugesh For R1 to R3 :

Mr.M.Sarangan Additional Government Pleader For R4 :

Mr.S.M.Mohan Gandhi For R5 :

No Appearance

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ petition has been filed directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 and 5 in Sy.No.110/27, Andipatti Village, Vadipatti Town Panchayat based on the Petitioner's representation, dated 17.10.2024.

2. The learned Additional Government Pleader appearing on behalf of the official respondents would submit that the encroachments are identified by the authorities and actions are initiated for eviction under the provisions of the Tamil Nadu Land Encroachment Act, 1905. 3.The learned counsel for the fourth respondent would submit that he is not an encroacher.

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4. If so, he is at liberty to submit his documents along with his explanation, if any, to the competent authority on receipt of notice to be issued under the provisions of the Tamil Nadu Land Encroachment Act, 1905. However, the fact remains that the authorities have already initiated action to remove the encroachments in the subject property. That being so, the respondents 1 to 3 are directed to follow the procedure as contemplated under the Tamil Nadu Land Encroachment Act, 1905, by affording an opportunity to the encroachers and remove the encroachment, if any, within a period of 12 weeks from the date of receipt of a copy of this order.

5.The writ petition stands disposed of. No costs. [S.M.S., J.] [A.D.M.C., J.] 04.06.2025 Index:Yes Internet:Yes/No NCC:Yes/No SN 3/5

To 1.The District Collector / Monitoring Committee, Madurai District.

2.The Tahsildar, Taluk Office, Vadipatti Taluk, Madurai District.

3.The Executive Officer, Andipatti Village Panchayat, Vadipatti Taluk, Madurai District.

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S.M.SUBRAMANIAM, J.

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

SN 04.06.2025 5/5