M.R. Sheik Abdul Rahim, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.8544 of 2019 and W.M.P.(MD)No.6670 of 2019 M.R.Sheik Abdul Rahim ... Petitioner Vs.

1.The District Collector, Collector Office, Theni District, Theni.

2.The Superintendent of Police, Theni District, Theni.

3.The District Revenue Officer, Collector Office, Theni District, Theni.

4.The Assistant Executive Engineer, Public Works Department, 1/6

5.The Deputy Executive Engineer, Agriculture Department, 6.The Revenue Divisional Officer, Revenue Divisional Office, 7.The Block Development Officer, Chinnamanur Panchayat Office, Chinnamanur, 8.The Tahsildar, 9.The Village Administrative Officer, V.A.O Office, Erasakkanayakkanur Village, 10.S.Palanisamy 11.M.Gurusamy 12.G.Vargees 13.V.Selvam 14.C.Vellaipandi ... Respondents 2/6

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 9 to take appropriate action against the 10 to 14 respondents for involvement of encroachment in filing sand in brook S.F.Nos. 494/1, 496, 497/1, 498 of Erasakkanayakkanur Village, Uthamapalayam Taluk, Theni District and to consider petitioner's representation dated 02.04.2019.

For Petitioner :Mr.R.Karnan For Respondents :Mr.A.Kannan Additional Government Pleader for R1 & R3 to R9 : Mr.T.Senthil Kumar Additional Public Prosecutor for R2 : Mr.Mahaboob Athiff for R10 to R14

ORDER

Heard the learned counsel on either side.

2.We are satisfied that the encroachment had since been removed. But it is alleged that there has been a re-encroachment. If that is so, it is the duty of the respondents to remove the same. But it is not the matter who is the encroacher. Even if the petitioner has committed encroachments, he has to be vacated.

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3.With the aforesaid observation and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

[G.R.S., J.] [B.P., J.] 30.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi/Skm To 1.The District Collector, Collector Office, Theni District, Theni.

2.The Superintendent of Police, Theni District, Theni.

3.The District Revenue Officer, Collector Office, Theni District, Theni.

4.The Assistant Executive Engineer, Public Works Department, 4/6

5.The Deputy Executive Engineer, Agriculture Department, 6.The Revenue Divisional Officer, Revenue Divisional Office, 7.The Block Development Officer, Chinnamanur Panchayat Office, Chinnamanur, 8.The Tahsildar, 9.The Village Administrative Officer, V.A.O Office, Erasakkanayakkanur Village, 5/6

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

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