M.Karuppaiah v. The District Collector / The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Karuppaiah ... Petitioner vs.

1. The District Collector / The Chairman, Monitoring Committee of Encroachment, Office of the District Collector, Tenkasi District.

2. The Tahsildar, Taluk Office, Sivagiri Taluk, Tenkasi District.

3. The Block Development Officer, (Village Panchayat), Office of the Block Development Officer, Vasudevanallur Panchayat Union, Vasudevanallur, Tenkasi District.

4. K.Muthaiah ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to 1/5

remove the encroachments put up by the 4th respondent in Survey No. 1258/26 which was classified as a village street at Subramaniapuram, Thenmalai Village, Sivagiri Taluk, Tenkasi District, by considering petitioners representation dated 16.09.2024.

For Petitioner : Mr.S.Veerapandiselvaraj For R1 - R3 : Mr.P.Thilak Kumar Government Pleader For R4 : Mr.E.Thiru Kumaran for Mr.m.Ramakrishnan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus has been instituted to direct the respondents 1 to 3 to remove the encroachments put up by the fourth respondent in Survey No. 1258/26, which was classified as a 'village street' at Subramaniapuram, Thenmalai Village, Sivagiri Taluk, Tenkasi District, by considering the petitioner's representation dated 16.09.2024.

2. The learned Government Pleader appearing on behalf of the respondents 1 to 3 would submit that the authorities have conducted field 2/5

inspection and identified that the petitioner as well as the fourth respondent encroached upon the public property. Therefore, the authorities have proposed to take action for removal of encroachments and to demolish the unauthorized constructions.

3. In view of the said submission, the respondents 1 to 3 are directed to initiate all appropriate action to evict the encroachers and demolish the unauthorized constructions by following the procedure as contemplated under the relevant Statutes and Rules in force and by affording opportunity to all the parties. The said exercise is directed to be completed within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

4. The writ petition stands disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 09.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5

To

1. The District Collector / The Chairman, Monitoring Committee of Encroachment, Office of the District Collector, Tenkasi District.

2. The Tahsildar, Taluk Office, Sivagiri Taluk, Tenkasi District.

3. The Block Development Officer, (Village Panchayat), Office of the Block Development Officer, Vasudevanallur Panchayat Union, Vasudevanallur, Tenkasi District.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

PKN ORDER MADE IN DATED : 09.06.2025 5/5