P.Chinnammal v. The District Collector

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.Chinnammal ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Vaiyampatti Panchayat Union, Vaiyampatti, Trichy District.

3.Kamalayee 4.Palanichamy 5.The Tahsildar, Manapparai Taluk, Trichy District.

... Respondents [R5 is suo motu impleaded vide Court order dated 04.06.2025 in W.P.(MD) No.2859 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 and 2 to remove the encroachment and illegal occupation 1/6

made by the respondents 3 and 4 on the Vaiyampatti Panchayat Union Ratio Station built in Survey No.832/4 in Mohavanoor South, Manaparai Taluk, Trichy District, by considering the petitioner's representations dated 16.10.2024 and 04.01.2025.

For Petitioner :

Mr.K.S.Gukanesan For RR1 & 5 :

Mr.J.Ashok Additional Government Pleader For R2 :

No appearance

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 and 2 to remove the encroachment and illegal occupation made by respondents 3 and 4 on the Vaiyampatti Panchayat Union Ratio Station built in Survey No.832/4 in Mohavanoor South, Manaparai Taluk, Trichy District, by considering the petitioner's representations dated 16.10.2024 and 04.01.2025.

2. The learned Additional Government Pleader, on instructions, would submit that though the Government poramboke land was allotted 2/6

for public purpose, presently it would have been encroached upon by respondents 3 and 4 and other persons. Further, the authorities have initiated action to remove the encroachment.

3. For removal of encroachment, the Tahsildar concerned has to issue notice under the Tamil Nadu Land Encroachment Act, 1905. Thus, the Tahsildar, Manapparai Taluk, Trichy District is suo motu impleaded as the fifth respondent to this writ petition.

4. Mr.J.Ashok, learned Additional Government Pleader takes notice for the newly impleaded respondent.

5. The newly impleaded fifth respondent viz., the Tahsildar, Manapparai and respondents 1 and 2 are directed to issue notice, follow the procedures as contemplated under the Tamil Nadu Land Encroachment Act and evict the encroachers, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 3/6

6. With the above direction, this Writ Petition stands allowed. 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 District Collector, Trichy District, Trichy.

2.The Block Development Officer, Vaiyampatti Panchayat Union, Vaiyampatti, Trichy District.

3.The Tahsildar, Manapparai Taluk, Trichy District.

5/6

S.M.SUBRAMANIAM, J.

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

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