Sivakumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Sivakumar ... Petitioner Vs.
1. The District Collector, District Collector Office, Trichy.
2. The Revenue Divisional Officer, Musiri, Trichy District.
3. The Tahsildar, Thottiyam Taluk Office, Thottiyam
4. The Block Development Officer, Thottiyam Union Office, Thottiyam,
5. The President, Panchayat Office, 1/7
Seelaipillayarpudur Village Panchayat, Thottiyam Taluk,
6. Kanniyammal
7. Umamaheswari
8. Kumaravel
9. Sellandi
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 5 remove the encroachment made by the Respondents No. 6 to 9 in Survey No. 183/10 and 184/1 classified as Vandipathai situate at Seelaipillaiyarpudur Village, Thottiyam Taluk, Trichy District on the basis of the petitioner's representation dated 18.02.2022. For Petitioner : Mr.K.Arunraj For R1 - R3 : Mr.J.Ashok, Addl. Government Pleader For R4 & R5 : Mr.P.Thilak Kumar, Government Pleader For R6, R7, R9 : Mr.C.Muthusaravanan 2/7
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the second respondents 1 to 5 to remove the encroachment made by the respondents 6 to 9 in Survey No. 183/10 and 184/1 classified as 'Vandipathai' at Seelaipillaiyarpudur Village, Thottiyam Taluk, Trichy District, on the basis of the petitioner's representation dated 18.02.2022.
2. Paragraph No.8 of the counter-statement filed by the Tahsildar, Thottiyam, reads hereunder:
"It is submitted that the subject of dispute is relating to the properties in S.No.183/10, 184/1 according to the petitioner it is classified as "Vandipathai" which is admittedly situated at Seelaipillaiyarpudur Village, Thottiyam Taluk, Trichy District. It is submitted that originally in the revenue records it is stated as "Vandipathai". But some of the homeless people had unauthorizedly occupied the same and were in continuous possession and enjoyment for more than 30 years and some of them had subsequently got sanction 3/7
under the Government Scheme of Indira Gandhi Memorial Housing Scheme in the year 2001 under which in S.No.184/1, four houses were allotted and duly constructed in favour of the following namely 1.Sellandi S/o.Subbaiyan, Iluppaithoppu Street, 2. Mariyayee W/o.Subbaiyan, Iluppaithoppu Street, 3. Uma Maheswari W/o.Rengarajan, Iluppaithoppu Street, 4. Sekar S/o.Pungarandi, Iluppaithoppu Street who are even now residing in the said place and also in S.No.183/10, the thatched houses constructed therein and the following persons are residing as listed below. 1.Manoharan S/o.Nallaiyan 2.Sekar S/o.Karuppannan 3.Kannammal W/o.Natarajan, East Street 4.Manoharan S/o.Rasu, East Street 5.Kanagaraj S/o.Vembadi 6.Kannammal W/o.Vembadi 7.Palanisamy S/o.Rasu,Iluppaithoppu Street 8.Manoharan S/o.Rasu,Iluppaithoppu Street 9.Raja S/o.Karuppannan,Iluppaithoppu Street 10.Kumar S/o.Nalliyan,Iluppaithoppu Street 11.Rengaraj S/o.Periyasamy 4/7
Apart from the above persons a Vinayagar Temple, Murugan Temple and a public stage were also constructed in the Survey No.183/10."
3. In view of the above, no further orders are required in the writ petition and accordingly, the writ petition stands closed. There shall be no order as to costs.
(S.M.S., J.) & (A.D.M.C., J.) 28.07.2025 NCC : Yes / No Index : Yes / No PKN To
1. The District Collector, District Collector Office, Trichy.
2. The Revenue Divisional Officer, Musiri, Trichy District.
3. The Tahsildar, Thottiyam Taluk Office, Thottiyam 5/7
4. The Block Development Officer, Thottiyam Union Office, Thottiyam,
5. The President, Panchayat Office, Seelaipillayarpudur Village Panchayat, Thottiyam Taluk, 6/7
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
PKN 28.07.2025 7/7