R.Poonudurai v. The District Collector / Monitoring Committee
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 R.Ponnudurai ... Petitioner vs.
1.The District Collector / Monitoring Committee, Tirunelveli District, Tirunelveli.
2.The Executive Engineer, Water Resource Department, Upper Thamirabarani Basin Division, Tirunelveli.
3.The Assistant Executive Engineer, Water Resource Department, Panankulam, Tirunelveli.
4.The Tahsildar, Palayamkottai Taluk, Tirunelveli.
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5.The Village Administrative Officer, Thidiyur Village, Palayamkottai Taluk, Tirunelveli District.
6.The Block Development Officer, Palayamkottai Union Office, Tirunelveli District.
7.Balasubramanian 8.Vasanthi ... 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 6 herein to remove the encroachments in S.No.1, Thidiyur Panchayat, Palayamkottai Taluk, Tirunelveli District by taking appropriate action against the respondents 7 and 8 based on the petitioner's representation dated 09.04.2025 within a reasonable time fixed by this Court. For Petitioner : Mr.V.M.Jegadeeshapandian For RR 1 to 5 : Mr.S.P.Maharajan Special Government Pleader For R - 6 : Mr.V.Om Prakash Government Advocate For RR 7 & 8 : Mr.C.Susi Kumar 2/7
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 6 herein to remove the encroachments in S.No.1, Thidiyur Panchayat, Palayamkottai Taluk, Tirunelveli District by taking appropriate action against the respondents 7 and 8 based on the petitioner's representation dated 09.04.2025.
2.The fourth respondent, namely the Tahsildar, Palayamkottai, has filed a status report. The relevant portion of the said status report reads as follows:
"I humbly submit that in Tirunelveli District, Palayamkottai Taluk, Thidiyur Village, Survey No.1 is recorded as Sarkar poramboke, Odai with an extent of 6.45 Hec. in Village Accounts.
In this circumstances, one Thiru.Ponnudurai is claiming that around 60 acres of agriculture lands are situated nearby Tamilkurichi Tank, Thidiyur Village, Palayamkottai Taluk 3/7
and the land owners are using said survey number as pathway for accessing their agricultural lands to do farming activities, but the respondents 7 and 8 are had encroached the said land by cropping paddy, bannana, coconut trees and thereby obstruct the pathway to approach their fields. Hence the said land in question has been measured by the team of revenue and survey officials and the findings are as tabulated hereunder. Herewith I have also annexed the copies of sketch which is showing the encroaching area as well as the encroachers for your kind perusal.
Sl.No. Type of Encroachment Extent of Encroachment (Hect) Encroachers (Thiru) 1.
Paddy Crop 0.20.00 1.Asirvatham 2.Jebarathnam 3.Ponnudurai 2.
Bannana Crop 0.13.20 1.Alwarkonar 2.Abraham 3.Durairaj 3.
Coconut Trees 0.05.36 Balasubramanian Total 0.38.56 3.Relying on the status report, the learned Special Government Pleader appearing for the respondents 1 to 5 submitted that enforcement action will be initiated by following the procedures for removal of 4/7
encroachments.
4.In view of the said submission, the official respondents are directed to initiate action for removal of encroachments by following the procedures as contemplated under the relevant statutes and rules in force. 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. 5.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.] 05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 5/7
1.The District Collector / Monitoring Committee, Tirunelveli District, Tirunelveli.
2.The Executive Engineer, Water Resource Department, Upper Thamirabarani Basin Division, Tirunelveli.
3.The Assistant Executive Engineer, Water Resource Department, Panankulam, Tirunelveli.
4.The Tahsildar, Palayamkottai Taluk, Tirunelveli.
5.The Village Administrative Officer, Thidiyur Village, Palayamkottai Taluk, Tirunelveli District.
6.The Block Development Officer, Palayamkottai Union Office, Tirunelveli District.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 05.08.2025 7/7