P.Valliammal, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.10197 of 2019 and W.M.P(MD)No.7900 of 2019 P.Valliammal ... Petitioner -vs1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Tahsildar, Sankarankovil Taluk, Tirunelveli District.

3. The Block Development Officer, Sankarankovil Panchayat Union, Sankarankovil Taluk, Tirunelveli District.

4. The Inspector Of Police, Sankarankovil Taluk Police Station, Sankarankovil, Tirunelveli District.

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5. The Assistant Executive Engineer, Tamil Nadu Generation And Distribution Corporation, Sankarankovil Town IT, Sankarankovil, Tirunelveli District.

6. Mariappan

7. Karuppasamy ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents 1 to 5 to remove the encroachment made by the 6th and the 7th respondents in government poramboke land in S.No.220/5, Nainapuram, Vadikottai Village, Sankarankovil Taluk, Tirunelveli District.

For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.P.Thilak Kumar Government Pleader For R4 : Mr.T.Senthilkumar Additional Public Prosecutor For R6 : Mr.S.Bageerathan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ petition has been instituted to direct the respondents 1 to 5 to remove the encroachment made by the 6th and the 7th respondents in Government Poramboke Land in S.No.220/5, Nainapuram, Vadikottai Village, Sankarankovil Taluk, Tirunelveli District. 2/6

2. The learned counsel appearing for the petitioner would submit that the panchayat authorities are allowing encroachments to continue and the respondents 1 and 2 are not initiating action.

3. On the other hand, the learned counsel appearing for the 6th respondent would submit that the issues are settled between the parties in respect of the Government Poramboke Land.

4. Such compromise entered into between the encroacher and the panchayat authorities is null and void and not binding on the Government. That being so, any illegal settlement or arrangement would not bar the respondents 1 to 3 to initiate action to remove the encroachment.

5. In view of the said allegation, the respondents 1 to 3 are directed to conduct inspection, survey and identify the Government poramboke Land and remove all the encroachments if any, by following the procedures as contemplated under the statute rules in force. The entire exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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6. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) (A.D.M.C., J.) 02.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Tahsildar, Sankarankovil Taluk, Tirunelveli District.

3. The Block Development Officer, Sankarankovil Panchayat Union, Sankarankovil Taluk, Tirunelveli District.

4. The Inspector Of Police, Sankarankovil Taluk Police Station, Sankarankovil, Tirunelveli District.

5. The Assistant Executive Engineer, Tamil Nadu Generation And Distribution Corporation, Sankarankovil Town IT, Sankarankovil, Tirunelveli District.

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S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm W.P(MD).No.10197 of 2019 and W.M.P(MD)No.7900 of 2019 02.07.2025 6/6