Soundrarajan.K v. The Assistant Director Of Town Panchayats

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Soundrarajan ... Petitioner -vs1.The Assistant Director of Town Panchayats Madurai Zone Madurai-625 020 Madurai District 2.The District Collector Virudhunagar District 3.The Revenue Divisional Officer Sivakasi, Virudhunagar District 4.The Revenue Tahsildar Rajapalayam, Virudhunagar District 5.The Executive Officer Seithur Town Panchayat Seithur-626 121 Virudhunagar District 6.K.Venkata Gopu 7.N.Gajendran

8.K.Rakkapan 9.P.Ramar 10.G.Gurujothi 11.E.Muthumari 12.P.Periyasamy 13.G.Periyasamy ... Respondents [R7 to R12 are impleaded vide court order dated 05.08.2025 in W.M.P.(MD) No.11488 of 2023 and R13 is impleaded vide court order dated 05.08.2025 in W.M.P.(MD) No.16267 of 2023] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents herein to remove all encroachments as per the proceedings issued by the 5th respondent herein in Na.Ka.No.34/2023 dated 30.01.2023 within a reasonable time as may be specified by this Court.

For Petitioner :

Mr.E.V.N.Siva For Respondents :

Mr.J.Ashok Additional Government Pleader for R1 to R4 Mr.M.Saravanakumar for R13

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in this writ petition is to direct the respondents herein to remove all encroachments as per the proceedings issued by the fifth respondent herein in Na.Ka.No.34/2023, dated 30.01.2023, within a reasonable time as may be specified by this Court.

2. Learned Additional Government Pleader appearing for the respondents 1 to 4, based on the proceedings of the Revenue Tahsildar, Rajapalayam, dated 05.06.2023, would submit that 90 encroachments are identified in the subject land, including street encroachments and based on the representation of the Revenue Tahsildar, the Executive Officer, Seithur Town Panchayat / fifth respondent has to initiate enforcement action for removal of those encroachments in accordance with the relevant statute and rules.

3. Learned counsel appearing for the thirteenth respondent would submit that the newly impleaded respondents are also entitled for an

opportunity to putforth their case before the competent authorities, including submission of documents.

4. It is needless to state that such an opportunity is to be provided to all the encroachers to putfor their contentions before passing final orders.

5. In view of the report of the Revenue Tahsildar dated 05.06.2023, the fifth respondent is directed to initiate enforcement action for removal of all the encroachments by following the procedures as contemplated under the relevant statue and rules. A show cause notice is to be issued to the encroachers. On receipt of explanation from them, final decision is to be taken for removal of encroachments and thereafter, all such identified encroachments are to be removed in accordance with law. Such an exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above observation, this writ petition is allowed. No costs.

[S.M.S., J.] [A.D.M.C., J.] 05.08.2025 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Assistant Director of Town Panchayats, Madurai Zone, Madurai-625 020, Madurai District.

2.The District Collector, Virudhunagar District.

3.The Revenue Divisional Officer, Sivakasi, Virudhunagar District, 4.The Revenue Tahsildar.

Rajapalayam, Virudhunagar District.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 05.08.2025 (2/2)