Selvaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Selvaraj ... Petitioner -vs1.The District Collector Kanyakumari District at Nagercoil-629 001 2.The Sub Collector Padmanabhapuram Thuckalay-Post-629 175 Kanyakumari District 3.Thasildhar (ADW) Kalkulam Taluk Padmanabhapuram Thuckalay-Post-629 175 Kanyakumari District 4.The Execution Officer Reethapuram Town Panchayat Reathapuram-Post, Kalkulam Taluk Kanyakumari District 5.Murugan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made in Kuruppanvilai S.C. Colony (Sasthankarai Colony), Reethapuram Town Panchayath, in Re-Survey No.276/14 of Colachel Revenue Village, Kalakulam Taluk, Kanyakumari District, by considering the representation dated 30.09.2019.

For Petitioner :

Ms.J.Aswini for Mr.V.H.S.Prathap For Respondents :

Mr.M.Sarangan Additional Government Pleader for R1 to R4 No appearance for R5

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] With reference to the relief sought for in this writ petition, learned Additional Government Pleader appearing for the respondents 1 to 4 has produced a communication dated 25.07.2025 received from the Special Tahsildar, Adi Dravidar Welfare, Padmanabhapuram, Kanyakumari District, before this Court. Relevant portion of the said communication reads as under: "In this regard, it is humbly submitted that the

spot was visited and enquired with the residents, of this Adi-Dravidar welfare Colony by the Special Tahsildar (ADW), Padmanabhapuram on 25.07.2025 and the enquiry revealed the fact that there is no encroachment of the pathway road as well as in the public place as alleged in the petition. The Petitioner is the outsider of the Adi-Dravider Welfare colony. He has filled the writ petition with an ulterior motive. He has no locus standi to file this petition.

Originally, the Adi-Dravidar Colony is situated in R.S.No.276/14 of Colachel village (now Reethapuram Village) of Kalkulam Taluk and the Petitioner's house is situated in R.S.No.284/12 of Colachel village of Kalkulam Taluk abutting the colony. There is no encroachment or obstruction within the road and in the public place as alleged in the petition. Concrete road has been formed in the pathway by the Town Panchayat. The alleged road and public place are absolutely belonging th the Adi-Draividar department. The Indidual has no right to claim the road as pathway."

2. In view of the fact that there is no encroachment in the subject land, no further consideration is required in this writ petition and the same is,

therefore, dismissed. No costs.

[S.M.S., J.] [A.D.M.C., J.] 25.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Kanyakumari District, at Nagercoil-629 001.

2.The Sub Collector, Padmanabhapuram, Thuckalay-Post-629 175, Kanyakumari District.

3.Thasildhar (ADW), Kalkulam Taluk, Padmanabhapuram, Thuckalay-Post-629 175, Kanyakumari District.

4.The Execution Officer, Reethapuram Town Panchayat, Reathapuram-Post, Kalkulam Taluk, Kanyakumari District.

S.M.SUBRAMANIAM, J.

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

krk 25.07.2025