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Madras High CourtWP(MD)/9935/2025allowed

Govindaraj As v. The District Collector

2025-04-08Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.9935 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.9935 of 2025 A.S.Govindaraj ... Petitioner Vs.

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3. The Tahsildar, Sivakasi, Virudhunagar District.

4. Ramasamy ... 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 3 to remove the encroachment made in Sevalur Stream at survey No.1014 of Sevalur Village, Sivakasi Taluk, Virudhunagar District by considering the representation dated 28.12.2024 and 20.02.2025 within a time frame that may be fixed by this Court.

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2 W.P.(MD)NO.9935 OF 2025 For Petitioner : Mr.SC.Herold Singh For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader.

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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.

2. Issuance of notice to the fourth respondent is dispensed with.

3. The petitioner seeks removal of encroachment in survey No.1014 of Sevalur Village, Sivakasi Taluk.

4. We had a look at "A" Register. The said survey number has been classified as grazing land. The importance of grazing land does not require to be reiterated. In fact, the petitioner had earlier filed W.P.(MD)No.14551 of 2021. The Hon'ble Division Bench vide order 2/4

3 W.P.(MD)NO.9935 OF 2025 dated 27.10.2022 had directed the authorities to proceed with the removal of encroachment in survey No.1014 of Sevalur Village. It appears that till date no action has been taken.

5. The learned Special Government Pleader states that this direction was complied with and that all the encroachments in the grazing land has been cleared. If that be so, we direct the official respondents to ensure that survey No.1014 of Sevalur Village continues to remain from free of encroachments for all times to come. We issue a continuing mandamus. This writ petition stands allowed. 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.9935 OF 2025 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3. The Tahsildar, Sivakasi, Virudhunagar District.

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