P.Alagappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13662 of 2025 P.Alagappan ... Petitioner -Vs1.The District Collector, Pudukkottai District.

2.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

3.The Block Development Officer, Aranthangi Taluk, Pudukkottai District.

4.M.Kumar 5.P.Arivalagan 6.G.Meenambal 7.K.Senthilkumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachments in

Survey No.39 situated in Thanthani Village, Aranthangi Taluk, Pudukkottai District by implementing the proceedings of the 2nd respondent dated 07.03.2025. For Petitioner : Mr.V.Panneer Selvam For R1 & R2 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R3 : Mr.S.S.Madhavan, Additional 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 stage of admission itself.

2.It is the case of the petitioner that the respondents 4 to 7 encroached upon the land in Survey No.39, situated at Thanthani Village, Aranthangi Taluk, Pudukkottai District, which is classified as "Lake". Therefore, the petitioner made representations dated 24.02.2025 and 04.03.2025 to the 2nd respondent, who in turn, directed the Revenue Inspector to inspect the spot and submit his report. Pursuant to the direction, the Revenue Inspector conducted spot inspection and submitted his report to the 2nd respondent. Based on the said report, the 2nd respondent issued a proceedings dated 07.03.2025, stating that the respondents 4 to 7 encroached the land in question and therefore, survey will be done on

28.03.2025 and if there is any encroachment, action will be taken against them. However, till date, no survey was conducted as per the proceedings of the 2nd respondent. Therefore, he has filed this Writ Petition. 3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondents 1 and 2, submits that action would be taken as per the proceedings of the 2nd respondent and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court.

4.In view of the said submission, we direct the 2nd respondent to take action as per his proceedings dated 07.03.2025, after giving sufficient opportunity of hearing to the petitioner and the respondents 4 to 7 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 30.04.2025 NCC : Yes / No Index : Yes / No Yuva

To 1.The District Collector, Pudukkottai District.

2.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

3.The Block Development Officer, Aranthangi Taluk, Pudukkottai District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.13662 of 2025 30.04.2025