K.Murugesaraja v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Murugesaraja ... Petitioner vs.

1.The Commissioner, Rajapalayam Municipality, Virudhunagar District.

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

3.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

4.R.Vasanthi 5.P.Ramachanthira Raja 6.P.Ramasubramanian ... 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 3 1/5

herein to remove the encroachment made by the respondents 4, 5 and 6 in the Municipal pathway (street) in Sankarankoil Road, Rajapalayam Town Survey, Ward 1, Block 2, T.S.No.37 to an extent of 0.0745.0 square meter after surveying the land and issuing a show cause notice.

For Petitioner : Ms.P.Subathra Devi For R - 1 : Mr.N.Dilip Kumar Standing Counsel For RR 2 & 3 : Mr.P.Thilak Kumar Government Pleader For RR 4 to 6 : Mr.Y.Prakash

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents 1 to 3 to remove the encroachment made by the respondents 4, 5 and 6 in the Municipal pathway (street) situated in Sankarankoil Road, Rajapalayam Town Survey, Ward 1, Block 2, T.S.No.37, measuring to an extent of 0.0745.0 square meter after surveying the land and issuing a show cause notice. 2/5

2.The learned standing counsel appearing on behalf of the first respondent/Rajapalayam Municipality submitted that a survey has already been conducted and the encroachments have been identified. Therefore, all further enforcement action will be initiated to remove the encroachments by following the procedures prescribed under law.

3.In view of the said submission, the first respondent is directed to initiate enforcement action and conclude the same by evicting the encroachers by following the procedures as contemplated under the Statutes and Rules. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Commissioner, Rajapalayam Municipality, Virudhunagar District.

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

3.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

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S.M.SUBRAMANIAM , J.

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

ps ORDER MADE IN DATED : 17.07.2025 5/5