Saroja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Saroja ... Petitioner -vs1.The District Collector Thoothukudi District Thoothukudi 2.The District Revenue Officer District Collectorate Office Highway 7A, PSP Nagar Korampallam Thoothukudi-628 101 3.The Tahsildar Melur Thoothukudi District 4.The President Servaikaramadam Village Panchayat Thoothukudi Taluk Thoothukudi District 5.K.D.A.Prabahar 6.M/s.V.V.D.& Sons Pvt., Ltd.,

VVD Garden Sawyerpuram Thoothukudi District-628 251 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the officials respondents particularly the 1st respondent to take appropriate action to remove the permanent encroachments made in the land comprised in S.No.229/5 and 229/4A of Servaikaramadam Village, Thoothukudi Registration District, Thoothukudi Taluk, Thoothukudi District, erected by the 5th and 6th respondents after adhering the procedure within the time limit as fixed by this Court. For Petitioner :

Mr.G.Ramanathan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking a direction to the officials respondents, particularly the first respondent, to take appropriate action to remove the permanent encroachments made in the land comprised in Survey Nos.229/5 and 229/4A of Servaikaramadam Village, Thoothukudi

Registration District, Thoothukudi Taluk, Thoothukudi District, erected by the respondents 5 & 6 after adhering the procedure, within the time limit as fixed by this Court.

2. Today, when the matter is taken up for hearing, learned Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the land in Survey No.229/4A of Servaikaramadam Village, Thoothukudi District, is a patta land. However, the land in Survey No.229/5 is a Government poramboke land and encroachments have been identified by the revenue authorities in the said poramboke land and enforcement actions will be initiated and the encroachments will be removed in accordance with law.

3. In view of the above submission, the respondents 1 to 3 are directed to initiate enforcement actions for removal of encroachments under the relevant act and rules.

4. At this juncture, learned counsel for the petitioner submitted

that in respect of the land in Survey No.229/4A, a gift deed was executed by the owner of the said in favour of the Panchayat.

5. That being so, the said gift deed is to be verified and in the event of identifying any encroachment in the said survey number, the same is also to be verified.

6. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

[S.M.S., J.] [A.D.M.C., J.] 05.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Thoothukudi District,

Thoothukudi.

2.The District Revenue Officer, District Collectorate Office, Highway 7A, PSP Nagar, Korampallam, Thoothukudi-628 101.

3.The Tahsildar, Melur, Thoothukudi District.

S.M.SUBRAMANIAM, J.

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

krk 05.08.2025