R.R.Harikumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Sunil ... Petitioner -Vs1.The District Collector, Kanyakumari District, Nagercoil-629 001.
2.The Assistant Director of Town Panchayats, Collector Office, Nagercoil-629 001, 3.The Divisional Engineer, Highways, Construction and Maintenance, Nagercoil, Kanyakumari District.
4.The Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.
5.The Tahsildar, Vilavancode Taluk, 1/6
6.The Executive Officer, Palugal Town Panchayat, Palugal Post, Kanyakumari District.
7.The Executive Engineer, Kuzhithurai (Highways), 8.The Junior Engineer, (TANGEDCO) Distribution, Kannumamoodu, Vilavancode Taluk, 9.The Chairman and Managing Director, Kerala State Electricity Board (KSEB), Thiruvananthapuram, Kerala State.
10.The Assistant Engineer, Kerala State Electricity Board (KSEB), Distribution, Udaiyankulangara, Thiruvananthapuram District, Kerala State.
11.Abdul Sathak ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 to remove the encroachment made by the 11th respondent in Palugal Village by considering the petitioner's representations dated 30.09.2024, 03.10.2024, 24.10.2024 and 12.11.2024 and consequently, to direct the respondents 9 and 10 to remove the underground cable erected by them underneath of TANGEDCO's over head LT line of II KV Palugal Feeder in Manivilai Distribution Area forthwith based on the request made by the 8th respondent vide his proceedings Lr.No.AE/D/KMU/F/Doc.No.485. 2/6
For Petitioner : Mr.A.Balakrishnan For R1 to R7 : Mr.P.Thilak Kumar, Government Pleader For R8 : Mr.S.Deenadhayalan For R9 : No Appearance For R10 : Not ready in notice For R11 : Mr.D.Anbarasu
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present Writ Petition, the 3rd respondent, after conducting inspection in the subject property, filed status report and the relevant portion of the said status report is extracted hereunder:- "4.It is respectfully submitted that based on the request submitted by the 6th respondent, permission was given by the 3rd respondent for excavating the road berms vide proc.No. 796/2024/D3, dated 15.04.2024 valid for a period of 90 days from the date of receipt of the letter subject to 18 conditions (Copy enclosed).
5.It is respectfully submitted that based on the complaints received from the petitioner and Assistant Engineer, TANGEDCO, 3/6
Kannumamoodu (copy enclosed) the permission given to 6th respondent was cancelled vide letter No.796/2025/D3, dated 31.01.2025 as per conditions 13 and 16 given by the department dated 15.04.2024.
6.It is respectfully submitted that the petitioner also prayed to remove the encroachment made by the 11th respondent in the Highways department road at Km 5/6 left side of AmaravilaiAnaiparai road. 7.It is respectfully submitted that joint inspection has been conducted at the 11th respondent site on 02.06.2025 with Revenue officials and Highways officials, for marking encroachment in Highways land.
8.It is respectfully submitted that there is no encroachment made by the 11th respondent in the Highways land. (copy enclosed)."
2.In view of the said status report, this Writ Petition stands disposed of. No costs.
(S.M.S., J.) & (A.D.M.C., J.) 06.08.2025 NCC : Yes / No Index : Yes / No Yuva 4/6
To 1.The District Collector, Kanyakumari District, Nagercoil-629 001.
2.The Assistant Director of Town Panchayats, Collector Office, Nagercoil-629 001, 3.The Divisional Engineer, Highways, Construction and Maintenance, Nagercoil, Kanyakumari District.
4.The Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.
5.The Tahsildar, Vilavancode Taluk, 6.The Executive Officer, Palugal Town Panchayat, Palugal Post, Kanyakumari District.
7.The Executive Engineer, Kuzhithurai (Highways), 5/6
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
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