Thirupathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Thirupathi ... Petitioner -vs1.The District Collector Dindigul District Dindigul 2.The Tahsildar Palani Taluk Office Palani, Dindigul District 3.The Block Development Officer Palani Panchayat Union Office Palani Taluk, Dindigul District 4.Ravi 5.Ganesan 6.S.V.Marimuthu ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to evict encroachment of unauthorized occupation in public place proposed for Nursery School construction in Survey No.142/1 of Pudhu Ayakudi Revenue Village of Palani Taluk, Dindigul District, based on petitioner's representation dated 07.11.2020.

For Petitioner :

Mr.K.Rachul Priyan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 No appearance for R4 to R6

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in this writ petition is to direct the respondents to evict the encroachment of unauthorized occupation in public place proposed for Nursery School construction in Survey No.142/1 of Pudhu Ayakudi Revenue Village of Palani Taluk, Dindigul District, based on petitioner's representation dated 07.11.2020.

2. Learned Government Pleader appearing for the respondents 1 to 3, relying upon the status report filed by the Tahsildar / second respondent, submitted that a survey was conducted in the subject land and the following encroachments have been identified: Sl.No Natham Encroached area Nature of Name and address .

S.No.

Hect Ares Encroachment of the Encroachers 141/587 0.00.17 Hotel Thiru.Ravi the 4th Respondent 141/587 0.00.17 Shop Thiru.Ganesan the 5th Respondent 141/587 0.00.09 Place of Pottery Thiru.Marimuthu the 6th Respondent 141/587 0.00.01 Fabric Shop Thiru.Jageer Hussain, S/o.Abdul Rahman, 15th Ward, Ottar Street, Obulapuram, Ayakudi.

141/587 0.00.07 Photo Studio Thiru.Sahdahan, S/o.Abdul Muthalif, 15th Ward, Ottar Street, obulapuram, Ayakudi.

3. Learned Government Pleader further submitted in the present

case, the subject land is classified as "Grama Natham" and therefore, such land cannot be encroached upon and used for commercial purposes. The encroachers have constructed buildings for commercial purposes and actions are taken for removal of the same.

4. In view of the above submission, the second respondent is directed to proceed with the enforcement action and remove the encroachments by following the procedures as contemplated under the relevant statute and rules, 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 is disposed of. No costs.

[S.M.S., J.] [A.D.M.C., J.] 07.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector,

Dindigul District, Dindigul.

2.The Tahsildar, Palani Taluk Office, Palani, Dindigul District.

3.The Block Development Officer, Palani Panchayat Union Office, Palani Taluk, Dindigul District.

S.M.SUBRAMANIAM, J.

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

krk 07.08.2025