Madras High CourtWP(MD)/15844/2022disposed of

Mohammed.Y v. The District Collector

2025-12-04Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.15844 of 2022 Y.Mohammed ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

3.The Executive Officer, Town Panchayat, Ilayangudi, Sivagangai District.

4.Hajee K.K.Ibrahim Ali Higher Secondary School, Society, Rep. by its Secretary K.Mohammed, Ibrahimsha Johny, Pudur, Ilayankudi, Sivagangai District.

5.M.Seenimaideen 6.B.A.K.Abdul Sikkandhar (R4 to R6 are impleaded vide order dated 25.09.2025 in W.M.P.(MD)Nos.17834, 17835 & 17840 of 2025 by GRSJ & BPJ) ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 and 3 to remove the encroachments made in Sethuvanthan Oorani, comprised in S.No.376 in Sothukudi Group, in Sivagangai District by disposing my representation dated 20.06.2022.

For Petitioner :Mr.R.Suriya Narayanan For Respondents :Mr.C.Venkatesh Kumar Special Government Pleader for R1 to R3 : Mr.D.Senthil for R4 to R6

ORDER

Heard both sides.

2. The writ petition has been filed for removing the encroachments in Survey No.376 in Sothukudi Group in Sivagangai District.

3. During the pendency of this writ petition, the eviction order was passed. Aggrieved by the same, the private respondents filed an appeal before the District Collector under Section 10(1) of the Tamil Nadu Land Encroachment Act, 1905. The appeal was dismissed on 05.10.2025. The 2/4

private respondents had filed revision before the Government. It is for the private respondents to obtain an interim order. If the private respondents fail to obtain an interim order within two months from the date of receipt of a copy of this order, the encroachments in question shall be removed in toto. The writ petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 04.12.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

3.The Executive Officer, Town Panchayat, Ilayangudi, Sivagangai District.

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

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