Sivasami v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Sivasami ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Block Development Officer, Block Development Office, Narikudi Panchayat Union, Thiruchuli Taluk, Virudhunagar District.

4.The Tahsildar/Monitoring Committee, Office of the Tahsildar, Thiruchuli, Virudhunagar District.

5.Arumugam

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent Nos.1 to 4 to remove encroachment by the respondent No.5 situated in survey No.48/49 situated in Eluvani Group Rettaikulam Village, Thiruchuli Taluk, Virudhunagar District in accordance with law.

For Petitioner : Mr.R.Alagumani For R1 to R4 : Mr.P.Thilak Kumar Government Pleader For R5 : Mr.G.Dharmaraj

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondent Nos. 1 to 4 to remove the encroachment by the respondent No.5 situated in survey No. 48/49, in Eluvani Group Rettaikulam Village, Thiruchuli Taluk, Virudhunagar District in accordance with law.

2. The learned Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that survey was conducted and encroachments are identified and notice under Section 7 of the Land Encroachments Act are also 2/5

issued on 14.07.2025 and after affording an opportunity to the encroachers, final notice under Section 6 of the Land Encroachment Act was issued vide proceedings dated 31.07.2025.

3. That being the factum, the officials are directed to complete the enforcement action and remove the encroachment within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 04.08.2025 NCC : Yes / No Index : Yes / No am 3/5

To 1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Block Development Officer, Block Development Office, Narikudi Panchayat Union, Thiruchuli Taluk, Virudhunagar District.

4.The Tahsildar/Monitoring Committee, Thiruchuli, Virudhunagar District.

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S.M.SUBRAMANIAM, J.

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

am 04.08.2025 5/5