Sathiyamoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sathiyamoorthy ... Petitioner vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Kulathur Taluk, Pudukkottai District.

3.The Block Development Officer, Kunrandarkovil Union, 4.Dhanaraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 22.04.2019 and to 1/5

remove the encroachment made by the fourth respondent and others in Survey No.805/15 situated at Minnathur Village, Kulathur Taluk, Pudukkottai District within a time fixed by this Court. For Petitioner : Mr.A.Mohan For RR 1 to 3 : Mr.S.P.Maharajan Special Government Pleader For R - 4 : No appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents 1 to 3 to consider the representation of the petitioner dated 22.04.2019 and to remove the alleged encroachment made by the fourth respondent and others in Survey No.805/15, situated at Minnathur Village, Kulathur Taluk, 2.The learned Special Government Pleader appearing for the respondents 1 to 3, based on the written instructions, submitted that a survey was conducted by the Tahsildar and no encroachment was identified. 2/5

3.The learned counsel appearing for the petitioner submitted that, as of now, there is encroachment.

4.This Court cannot conduct a roving enquiry in the matter of identification of encroachment. However, if the petitioner still claims that there is encroachment, the petitioner is at liberty to provide the specific survey number and details of the encroachment to the authority concerned. In the event of receiving any such details, the second respondent/the Tahsildar shall look into the same and take appropriate action in accordance with law.

5.With the above liberty, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [S.S.Y.,J.] 15.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Kulathur Taluk, 3.The Block Development Officer, Kunrandarkovil Union, 4/5

S.M.SUBRAMANIAM , J.

and S.SRIMATHY , J.

ps ORDER MADE IN DATED : 15.07.2025 5/5