Kanthaiya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

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

1.The District Collector, Tenkasi, 2.The Tahsildar, Kadaiyanallur Taluk, Kadaiyanallur, 3.The Block Development Officer, Vasudevanallur Union, Vasudevanallur, 4.The Special Officer/ Assistant Block Development Officer (Zone-Iv), Thalaivankottai Punchayat, Block Development Office, Vasudevanallur, 5.Murugan ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 to 4 to remove the encroachment allegedly caused by the 5th respondent in public street, comprise at survey No.45/1, to an extent of 00718 sq. meters, Thalaivankottai Village, Vasuevanaallur Union, Kadaiyanallur Taluk, Tenkasi District. For Petitioner :

Mr.A.Sankarasubramanian For Respondents :

Mr.P.Thilakkumar Govt. Pleader (for R1 to R4) Mr.H.Arumugam (for R5)

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition is filed seeking a direction to the respondents 1 to 4 to remove the encroachment allegedly caused by the 5th respondent in a public street, comprised at survey No.45/1, to an extent of 00718 sq. meters, Thalaivankottai Village, Vasuevanaallur Union, Kadaiyanallur Taluk, Tenkasi District.

2. The learned counsel appearing for the petitioner would submit that the encroachments are not removed in the public pathway.

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3. The learned Government Pleader would submit that the survey yet to be conducted.

4. In view of the above submissions, the second respondent is directed to conduct a survey identifying the encroachment in the road, if any, and initiate enforcement action to remove the same by following the procedure as contemplated under law. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands disposed of. No costs.

[S.M.S., J.] [A.D.M.C., J.] 23.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No skn To 1.The District Collector, Tenkasi, 3/5

2.The Tahsildar, Kadaiyanallur Taluk, Kadaiyanallur, 3.The Block Development Officer, Vasudevanallur Union, Vasudevanallur, 4.The Special Officer/ Assistant Block Development Officer (Zone-Iv), Thalaivankottai Punchayat, Block Development Office, Vasudevanallur, 4/5

S.M.SUBRAMANIAM, J.

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

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