Dhanasekaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.9478 of 2025 Dhanasekaran ... Petitioner vs.

1.The District Collector, Karur District, Karur.

2.The District Revenue Office, District Collector Office, Karur.

3.The Revenue Divisional Officer, District Collector Office, Karur.

4.The Tahsildar, Taluk Office, Aravakuruchi Taluk, Karur District.

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5.Idumpannan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to remove the encroachment made by fifth respondent and his men in S.No.1278/5 in Senthamangalam East, Kurumbapatti Village, Aravakurichi Taluk, Karur District and cancel the natham patta granted in favour of the fifth respondent as per the petition made by the petitioner on 08.02.2025 to the second respondent and the same was forwarded to the third respondent on 17.03.2025. For Petitioner : Mr.K.K.Senthil Velan Senior Counsel for Mr.V.S.Kumara Guru For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. Considering the limited relief sought for by the petitioner, notice to the fifth respondent is dispensed with. 2/6

2.The grievance of the petitioner is that his representation dated 31.01.2025, seeking to remove the encroachment made by the fifth respondent and his men in S.No.1278/5 in Senthamangalam East, Kurumbapatti Village, Aravakurichi Taluk, Karur District and to cancel the natham patta granted in favour of the fifth respondent as per the petition made by the petitioner on 08.02.2025 to the second respondent and the same was forwarded to the third respondent on 17.03.2025, has been kept pending without any progress. Hence, he has filed this Writ Petition seeking the aforesaid relief. 3.Today, when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that entire encroachments made in the subject property in question were removed by due process of law.

4.Refuting the same, the learned counsel appearing for the petitioner would submit that still there are encroachments in the place in question. 3/6

5.Considering the submissions made by the learned counsel appearing on either side, if there is any encroachment in the place in question, the petitioner shall identify the same to the authorities concerned and the authorities concerned shall take appropriate action, after affording sufficient opportunity to all the parties concerned and by following due process of law, as expeditiously as possible.

6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The District Collector, Karur District, Karur.

2.The District Revenue Office, District Collector Office, Karur.

3.The Revenue Divisional Officer, District Collector Office, Karur.

4.The Tahsildar, Taluk Office, Aravakuruchi Taluk, Karur District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 29.04.2025 6/6