Abdulrahman v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Abdulrahman ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Vannankovil, Srirangam Division, Trichy District.

3.The Tahsildar, Marungapurai Taluk, Trichy District.

4.The Block Development Officer, Marungapurai Union, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the entire 1/4

encroachments made in the "Vaaikkal" in Survey No.219/12 and "Kuttai" in Survey No.289/4 situated at Valanadu Village, Marungapuri Taluk, Trichy District by considering the petitioner's representations dated 17.12.2024 and 30.12.2024 within a time stipulated by this Court. For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.3 Mr.S.Vinoth Government Advocate for R.4

ORDER

Heard both sides.

2.The petitioner has referred to two survey numbers in this writ petition. According to them, there are encroachments in both. 3.The learned Additional Government Pleader confirms that though Survey No.219/12 was originally a channel, it has become a street long ago. He admits that Survey No.289/4 has been classified as a "tank". It appears that a house has been constructed on the bund of the said water body. It is undertaken 2/4

that after following due process of law and after issuing notice and giving opportunities to the encroachers, the said house will be removed. This undertaking is placed on record.

4.At this stage, Shri.Prasanna Vinoth, learned counsel intervened to suggest that there is a temple which is more than 300 years ago. The learned Additional Government Pleader has not referred to the temple at all. As and when any notice is issued to the temple authority, it is open to them to move this Court for relief.

5.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 06.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Trichy District, Trichy.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 2.The Revenue Divisional Officer, Vannankovil, Srirangam Division, Trichy District.

3.The Tahsildar, Marungapurai Taluk, Trichy District.

4.The Block Development Officer, Marungapurai Union, Trichy District.

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