Madras High CourtWP(MD)/7694/2025disposed of

Jose Abraham v. The District Collector

2025-06-06Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD)No. 7694 of 2025 Jose Abraham ... Petitioner Vs.

1. The District Collector, Tenkasi, Tenkasi District.

2. The Assistant Director of Geology and Mining, Tenkasi.

3. The Tahsildar, Tenkasi Taluk, Tenkasi District.

4. The Block Development Officer (Village Panchayat), Kadayam, Tenkasi District.

5. The Village Administrative Officer, Pottalpudur Village, Tenkasi Taluk, Tenkasi District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the

respondents 1 and 2 to take action against the respondents 4 and 5 for illegal extraction of soil in Survey No. 377, situated in Pottalpudur Village, Tenkasi Taluk, Tenkasi District and consequently direct the respondents to restore the petitioner's land in Survey No. 377 to its original position and restore the road by implementing the proceedings of the 3rd respondent Na.Ka.No. A1/25/2023 dated 06.02.2024. For Petitioner :

Mr.R.J.Karthick For Respondents :

Mr.M.Lingadurai, Special Government Pleader

ORDER

The present writ petition is filed for Writ of Mandamus, directing the respondents 1 and 2 to take action against the respondents 4 and 5 for illegal extraction of soil in Survey No. 377, situated in Pottalpudur Village, Tenkasi Taluk, Tenkasi District and also seeking consequential direction to the respondents to restore the petitioner's land in Survey No. 377 to its original position and restore the road in the light of the proceedings dated 06.02.2024 passed by the 3rd respondent in Na.Ka.No. A1/25/2023 dated 06.02.2024.

2. Heard Mr.R.J.Karthick, the Learned counsel for the petitioner, Mr.M.Lingadurai, the Learned Special Government Pleader and perused the material documents available on records.

3. The petitioner contends that the respondents have damaged the petitioner's agricultural land and its boundaries, which is evident from the proceedings of the 3rd respondent/Tahsildar dated 06.02.2024, wherein the Tahsildar has issued directions to the 4th respondent to take appropriate action to restore the petitioner's land to its original position.

4. Therefore, in light of the proceedings dated 06.02.2024 issued by the 3rd respondent/Tahsildar, the 4th respondent is directed to restore the land to its original position. This exercise shall be completed within four weeks from the date of receipt of a copy of this order. No costs.

5. With these observations, this writ petition is disposed of. No Costs.

06.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes KSA To