G.Berkmans v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN G.Berkmans ... Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Sub Collector, Paramakudi, Ramanathapuram District.

3. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

4. The Block Development Officer, Paramakudi Panchayat Union, Paramakudi, Ramanathapuram District.

5. The President/Secretary, St. Antoniar Church, Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District.

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6. Arul Robert

7. Arockiyam ... Respondents PRAYER:- Writ Petitioner - filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 4 to remove the encroachment made by the Respondents 5 to 7 in S.No.397/10 of Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, based on the notice issued by the 3rd respondent on 10.09.2025.

For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 to R4 No Appearance for R5 to R7

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) This Writ Petition is filed seeking a direction to the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 7 in S.No.397/10 of Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, based on the notice issued by the 3rd respondent on 10.09.2025. .

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2. It is the grievance of the petitioner that public pathway in S.No.397/10, situated at Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, has been encroached by the respondents 5 to 7. In this regard, the petitioner had already submitted a representation on 04.11.2025. However, no action has been taken, and despite the encroachment having been identified, the authorities have failed to initiate any action.

3. The learned Special Government Pleader appearing for the respondents 1 to 4 would submit that, notices under Section 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 have been issued on 10.09.2025 and they will complete the process within a period of one month.

4.In view of the above, this Court directs respondents 1 to 4 to take necessary action for the removal of the encroachment and pass appropriate orders on merits and in accordance with law, after issuing notice to respondents 5 to 7 and affording them an opportunity of hearing, within a period of one month from the date of receipt of a copy of this order.

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5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 04.03.2026 Index :Yes/No NCC :Yes/No vsm 4/6

To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Sub Collector, Paramakudi, Ramanathapuram District.

3. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

4. The Block Development Officer, Paramakudi Panchayat Union, Paramakudi, Ramanathapuram District.

N.SATHISH KUMAR , J.

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M.JOTHIRAMAN, J.

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