Madras High CourtWP(MD)/3444/2019disposed of

P.Ganesan, v. The District Collector,

2025-07-07Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.2716 of 2019 P.Ganesan ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.The Executive Engineer, Public Works Department (WRO), 4.Venkatarama Raja ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in his proceedings in Na.Ka.No.G2/5917/2017, dated 05.04.2017 and quash the same and consequently direct the respondents 1 to 3 herein to remove all the encroachment made by the 4th respondent in Survey Nos.746, 17, J1, 1/4

191, 105, 10, 118 and F1405, Pudupalayam Village, Rajapalayam Town and Survey No.285, Samanthapuram Village, Rajapalayam Town and Survey No.940A/2, Ayan Kollenkondan Village, Rajapalayam Town, Virudhunagar District and restore the same within the time limit that may be stipulated by this Court. For Petitioner :

Mr.T.Indrachithu For RR1 to 3 :

Mr.P.Thilakkumar Government Pleader For R4 :

Mr.A.Sivaji

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted challenging the proceedings of the first respondent dated 05.04.2017 and to direct respondents 1 to 3 herein to remove all the encroachment made by the fourth respondent in Survey Nos.746, 17, J1, 191, 105, 10, 118 and F1405 of Pudupalayam Village, Rajapalayam Town and Survey No.285 of Samanthapuram Village, Rajapalayam Town and Survey No. 940A/2 of Ayan Kollenkondan Village, Rajapalayam Town, Virudhunagar District and restore the same.

2. The District Collector, Virudhunagar has filed an affidavit stating that as on date, there is no encroachment in the subject field. 2/4

He has further stated that survey has been conducted by the Revenue Authorities. The counter affidavit filed by the first respondent reveals about the survey numbers covered and that being so, no further adjudication is required in this Writ Petition. If any grievance exists regarding encroachment, the petitioner is at liberty to approach the authorities.

3. With the above liberty, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 07.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr To 1.The District Collector, 2.The Tahsildar, Rajapalayam Taluk, 3/4

Virudhunagar District.

S.M.SUBRAMANIAM, J.

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

abr 3.The Executive Engineer, Public Works Department (WRO), 07.07.2025 4/4