Chinnakaruppan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

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

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.VR.Selvaraj 4.Chinnavalathan

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 2 to remove the encroachment made by the private respondents in Survey No.138/4A situated in Arcod Village, Karaikudi Taluk, Sivagangai District within a time limit as may be stipulated by this Court by considering the representations of the petitioner dated 14.11.2022 and 27.07.2023.

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For Petitioner : Mr.K.Jeyamohan For R1 & R2 : Mr.V.Om.Prakash, Government Advocate

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present Writ Petition, the learned Government Advocate appearing for the respondents, based on the written instructions given by the 2nd respondent, vide letter dated 11.07.2025, would submit that encroachments are already identified by conducting survey. Actions are initiated to issue notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') and thereafter, by affording opportunity, final notice under Section 6 of the Act will be issued and encroachments will be removed thereafter.

2.It is needless to state that the procedures as contemplated under the Act are to be followed by affording opportunity to the encroachers. The official respondents are directed to complete the enforcement action within a period of twelve (12) weeks from the date of receipt of a copy of this order. 2/4

3.With the above direction, this Writ Petition is disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 11.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

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S.M.SUBRAMANIAM, J.

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

Yuva 11.07.2025 4/4