Nambirajan (M/46) 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.11116 of 2019 and W.M.P(MD)Nos.8477 and 8478 of 2019 Nambirajan ... Petitioner -vs1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub-collector, Cheranmahadevi, Tirunelveli District,

3. The Assistant Director, Town Panchayats, Tirunelveli District, Tirunelveli-9.

4. The Tahsildar, Nanguneri Taluk, Tirunelveli District.

5. The Executive Officer, Thirukkurunkudi Town Panchayat, Thirukkurunkudi, Nanguneri Taluk, Tirunelveli District.

6. Kamaraj ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to a) directing the respondents 1 to 4 to remove the encroachment made in the Government Promboke Land, situated in the adjacent western side of the river by name Nambiyaru in old Survey No. 222/2C1 and New Survey No. 1259 and 1257/19 at Thirukkurunkudi Part I village, Nanguneri Taluk, Tirunelveli District, b), to forbear the 5th respondent from approving any blueprint (building plan) with regard to the above promboke land by considering my representation dated 10.04.2019 and 22.04.2019.

For Petitioner : Mr.S.R.Anbarasu For R1 to R5 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ petition has been instituted to direct the the respondents 1 to 4 to remove the encroachment made in the Government Promboke Land situated in the adjacent western side of the river by name Nambiyaru in old Survey No. 222/2C1 and New Survey No. 1259 and 1257/19 at Thirukkurunkudi Part I village, Nanguneri Taluk, Tirunelveli District and to forbear the 5th respondent from approving any blueprint (building plan) with regard to the above promboke land by considering my representation dated 10.04.2019 and 22.04.2019.

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2. The learned Government Pleader appearing for the respondents 1 to 5 would submit that inspection and survey will be conducted by the 4th respondent with the assistance of the 5th respondent and after identifying the encroachments appropriate actions will be initiated.

3. In view of the said submissions, the respondents 4 and 5 are directed to conduct inspection and survey in the above mentioned property and identify the encroachments if any and thereafter evict the encroachers by following the procedures as contemplated under the statute rules in force. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. The writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) (A.D.M.C., J.) 02.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub-collector, Cheranmahadevi, Tirunelveli District,

3. The Assistant Director, Town Panchayats, Tirunelveli District, Tirunelveli-9.

4. The Tahsildar, Nanguneri Taluk, Tirunelveli District.

5. The Executive Officer, Thirukkurunkudi Town Panchayat, Thirukkurunkudi, Nanguneri Taluk, Tirunelveli District.

W.P(MD).No.11116 of 2019 and W.M.P(MD)Nos.8477 and 8478 of 2019 02.07.2025 4/4