C.Arokkiya Anthoniraj, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.3134 & 3135 of 2019 C.Arokkiya AnthoniRaj ... Petitioner Vs.

1. The District Collector The Chairman Coastal Regulatory Zone, Ramnad, Ramnad District

2. The Joint Director, Town and Country Planning, Sivagangai Zone, Sivagangai District

3. The Engineer, Tamilnadu Pollution Control Board, Ramnad, Ramnad District

4. The Tahsildar, Rameswaram Tk., Ramnad District

5. The Commissioner, 1/5

6. Sanitary Inspector,

7. V.Jagadeespandian

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 herein to remove the illegal construction by encroaching the land belonging to the 5th respondent herein Survey No. 620, 4B1, 4B, 621/5/6 by the 7th respondent in which he is conducting paying Toilets and Bathrooms by considering petitioner's representation dated 17.01.2019.

For Petitioner : Mr.D.Balamurugapandi For R1, R2, R4 : Mr.P.Thilak Kumar Government Pleader For R5 : Mr.K.Saravanan For R6 : Mr.M.Kannan For R7 : Mr.A.R.Kannappan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents 1 to 5 to remove the unauthorised construction by encroaching the land belonging to the 5th respondent herein Survey No. 620, 4B1, 4B, 621/5/6 by the 7th respondent in which he is conducting paying Toilets and Bathrooms by considering petitioner's representation dated 17.01.2019. 2/5

2. It is needless to state that the authorities are bound to act on the complaint of the petitioner regarding the encroachment of the Municipality lands and unauthorised construction since no action has been taken, the writ petition came to the instituted.

3. In view of the above, the fifth respondent Commissioner of Rameswaram Municipality is directed to conduct a field inspection and survey to identify the encroachments and unauthorised construction in the subject property as described in the writ petition and initiated an appropriate action to evict the encroachers and demolish the unauthorised construction by following the procedure as contemplated under the relevant statute and rules in force. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 26.06.2025 NCC : Yes / No Index : Yes / No am 3/5

To

1. The District Collector The Chairman Coastal Regulatory Zone, Ramnad, Ramnad District

2. The Joint Director, Town and Country Planning, Sivagangai Zone, Sivagangai District

3. The Engineer, Tamilnadu Pollution Control Board, Ramnad, Ramnad District

4. The Tahsildar, Rameswaram Tk., Ramnad District

5. The Commissioner,

6. Sanitary Inspector, 4/5

S.M.SUBRAMANIAM, J.

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

am 26.06.2025 5/5