R.Murugan v. The Additional Secretary/ Commissioner Of Revenue Administration,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.7787 & 7788 of 2025 R.Murugan ... Petitioner Vs.
1.The Additional Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu, Revenue Department, Tamil Nadu.
2.The District Collector, Collectorate, 3.The Assistant Director, Geology and Mining, Collectorate Campus, Virudhunagar.
4.The District Revenue Officer, District Revenue Office, Virudhunagar.
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5.The Revenue Divisional Officer, Sivakasi, 6.The Tahsildar, Office of the Tahsildar, Srivilliputhur Taluk, 7.The Block Development Officer, Block Development Office, Srivilliputhur.
8.R.Vishnu Prasath 9.R.Sathirmasathana 10.P.V.Lakshmi Narayanan
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to remove the encroachment in the "Nilaviyal Pathai" existing in Survey Nos.755, 754, 735, 736, 737, 738, 61, 62, 63, 64, 65, 66 and 67 in Achchandavilthan Village, Srivilliputhur Taluk, Virudhunagar District made by the 8 to 10 respondents herein by considering the representation dated 24.07.2024, 13.08.2024 and 28.03.2025 within the time stipulated by this Court.
For Petitioner : Mr.S.Vashik Ali for K.Khoushik Nivas For R1 to R7 : Mr.S.P.Maharajan Special Government Pleader For R8 to R10 : M/s.Lakshmi Gopinathan for M/s.Polax Legal Solutions 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents herein to remove the encroachment in the "Nilaviyal Pathai" existing in Survey Nos.755, 754, 735, 736, 737, 738, 61, 62, 63, 64, 65, 66 and 67 in Achchandavilthan Village, Srivilliputhur Taluk, Virudhunagar District made by the 8 to 10 respondents.
2. The learned Special Government Pleader appearing for the respondents 1 to 7, on instructions, would submit that the inspection and survey was conducted and encroachments are identified in the Nilaviyal Vandipathai. The authorities have initiated action to remove the encroachments. The barred fence put up by the private persons in the Nilaviyal Vandipathai are to be removed and the Vandipathai is to be free from encroachments for the usage of public.
3. The learned counsel for the petitioner would submit that stone quarry cum crusher unit operations are going on in the adjacent lands and the same is causing life threat to the people, who are using the Nilaviyal Pathai. To that effect 3/6
complaints are lodged before the District Collector and no action has been taken.
4. In view of the above facts and circumstances, the respondents 2 to 7 are directed to remove the encroachments in the Nilaviyal Vandi Pathai and maintain the Nilaviyal Pathai as per the revenue records, if not already removed, within a period of eight weeks from the date of receipt of a copy of this order. As far as the other allegations raised by the petitioner, the second respondent District Collector is directed to look into the issues and conduct the spot inspection and initiate all appropriate actions to ensure that all such mining or crushing operations are done in accordance with law and without causing any inconvenience to the people of that locality.
5. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 04.08.2025 NCC : Yes / No Index : Yes / No am 4/6
To 1.The Additional Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu, Revenue Department, Tamil Nadu.
2.The District Collector, Collectorate, 3.The Assistant Director, Geology and Mining, Collectorate Campus, Virudhunagar.
4.The District Revenue Officer, District Revenue Office, Virudhunagar.
5.The Revenue Divisional Officer, Sivakasi, 6.The Tahsildar, Office of the Tahsildar, Srivilliputhur Taluk, 7.The Block Development Officer, Block Development Office, Srivilliputhur.
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S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
am 04.08.2025 6/6