K.Thangeswari v. The District Collector Cum Chairman

1 W.P.(MD)NO.9939 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.9939 of 2025 K.Thangeswari ... Petitioner Vs.

1. The District Collector cum Chairman, High Level Monitoring Committee, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

4. The Inspector of Police, Thiruvengadam police station, Tenkasi District.

5. Subbaiya Pandian @ Lakshmana Pandian

6. Gurusamy ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by 1/4

2 W.P.(MD)NO.9939 OF 2025 respondents 5 and 6 in Nilaviyal channel situated in survey No.211/1B in Vellalakulam Village, Thiruvengadam Taluk, Tenkasi District within a time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader.

For R-4 : Mr.K.Gnanasekaran, Government Advocate.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 to 3 and the learned Government Advocate appearing for the fourth respondent.

2. Issuance of notice to the private respondents is dispensed with.

3. The petitioner alleges that in survey No.211/1B in Vellalakulam Village, there is a Nilaviyal Odai and that it has been encroached by the fifth respondent.

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3 W.P.(MD)NO.9939 OF 2025

4. The learned Special Government Pleader confirms the character of the land as Nilaviyal Odai.

5. The third respondent is directed to issue notice to the private respondents and other encroachers if any, conduct survey and if encroachments are noticed, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 8th April 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.9939 OF 2025 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector cum Chairman, High Level Monitoring Committee, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

4. The Inspector of Police, Thiruvengadam police station, Tenkasi District. W.P.(MD)No.9939 of 2025 08.04.2025 4/4