Balamurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Balamurugan ... Petitioner vs.

1.The District Collector, 2.The Revenue Divisional Officer, Pudukkottai Revenue Division, 3.The Tahsildar, Thirumayam Taluk, Pudukkotai District.

4.The Inspector of Police, Arimalam Police Station, Thirumayam Taluk, 5.Maruthappan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus thereby direct the respondents 1 to 4 1/5

to remove the encroachment made by fifth respondent in S.F.No.561/2 and S.F.No.651 of Perungudi Village, Senkeerai Region, Thirumayam Taluk, For Petitioner : Mr.P.Ganapathi Subramanian For RR 1 to 3 : M/s.D.Farjana Ghoushia Special Government Pleader For R - 4 : Mr.A.Albert James Government Advocate (Criminal Side)

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the limited relief sought for by the petitioner, notice to the fifth respondent is dispensed with. 2.It is the grievance of the petitioner that his representation dated 03.02.2025, to remove the encroachment made by fifth respondent in S.F.No. 561/2 and S.F.No.651 of Perungudi Village, Senkeerai Region, Thirumayam Taluk, Pudukkottai District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 2/5

3.The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that encroachment has already been removed in the month of July, 2024 and once again, the fifth respondent has encroached the place in question and a police complaint has also been lodged before the fourth respondent and now, the encroachment will be removed in accordance with law. 4.In view of the above, we direct the respondents 1 to 4 to remove the encroachments made in the property in question, after giving sufficient opportunity of hearing to the petitioner and the fifth respondent and bring the same to its logical end by passing appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 24.03.2025 NCC : Yes / No Index : Yes / No 3/5

To 1.The District Collector, 2.The Revenue Divisional Officer, Pudukkottai Revenue Division, 3.The Tahsildar, Thirumayam Taluk, Pudukkotai District.

4.The Inspector of Police, Arimalam Police Station, Thirumayam Taluk, 4/5

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 24.03.2025 5/5