Kathiresan.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.7518 of 2024 R.Kathiresan ... Petitioner -Vs1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 3.The Tahsildar, Office of the Tahsildar, Aruppukottai Taluk, Virudhunagar District.
4.The Inspector of Police, Mallankinaru Police Station, Virudhunagar District.
5.Gomathi 6.Vijaya Kumari 7.M.Karthick 8.A.Bala Krishnan ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 06.12.2022 and 10.04.2023 to remove the encroachment and fencing made in S.No.416/25, 417/2 of Villipathiri Village of Aruppukottai Taluk of Virudhunagar District.
For Petitioner : Mr.S.Ramsundarvijayaraj For R1 to R3 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R4 : Mr.A.Albert James, Government Advocate (Crl.Side)
ORDER
[Order of the Court was made by J.NISHA BANU, J.] It is the grievance of the petitioner that his representations dated 06.12.2022 and 10.04.2023, seeking removal of the encroachment and fencing made in S.Nos.416/25 and 417/2, situated at Villipathiri Village, Aruppukottai Taluk, Virudhunagar District, are pending till date without any progress. Therefore, he has filed this Writ Petition.
2.The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that pending the Writ Petition, survey was
conducted and during survey, the petitioner was also found to be an encroacher. Therefore, the 3rd respondent issued show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 to the encroachers. On receipt of such notice, the petitioner himself has removed the encroachment. As far as other two encroachments are concerned, they are yet to be removed. 3.In view of the above, this Writ Petition is disposed of with a direction to the official respondents to proceed with the matter after giving sufficient opportunity of hearing to the petitioner and the encroachers and bring the same into logical conclusion within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
[J.N.B., J.] & [S.S.Y., J.] 18.03.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Office of the District Collector,
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 3.The Tahsildar, Office of the Tahsildar, Aruppukottai Taluk, Virudhunagar District.
4.The Inspector of Police, Mallankinaru Police Station, Virudhunagar District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.7518 of 2024 18.03.2025