Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Ganesan ... Petitioner Vs
1. The District Collector, Office of the Collector, Tirunelveli District.
2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
3. The Tahsildar, Rathapuram Taluk, Tirunelveli District.
4. The Block Development Officer, Office of the Block Development Officer, Rathapuram Taluk, Tirunelveli District.
5. Raj ... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No. 1 to 4 to remove the encroachment in Survey No. 1118/8, its total extent 23 feet in which made encroachment 10 feet in public pathway infront of the 5th respondent house in Survey No. 1118/9 situated at Ganthi Nagar, Koodankulam Village, Rathapuram Panchayat, Tirunelveli District by considering the petitioners representation dated 09.10.2024 and 19.10.2024.
For Petitioner :
Mr.Kannan Gurusami, For Respondent :
Mr.M.Sarangan (R1-R3) Additional Government Pleader :
Mr.S.P.Maharajan (R4) Special Government Pleader
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct the respondents 1 to 4 to remove the encroachment in Survey No. 1118/8, measuring to the total extent of 23 feet, out of which 10 feet has been encroached in 2/5
public pathway in front of the fifth respondent house in Survey No. 1118/9 situated at Ganthi Nagar, Koodankulam Village, Rathapuram Panchayat, Tirunelveli District by considering the petitioner's representation dated 09.10.2024 and 19.10.2024. 2.With reference to the relief sought for in the present writ petition, the learned Additional Government Pleader based on the instructions from the authorities would submit that survey will be conducted by revenue authorities/third respondent to ascertain the encroachments, if any. In the event of identifying any encroachment, all appropriate actions would be initiated by following the procedures as contemplated under the provisions of the Act and Rules. 3.It is needless to state that an opportunity should be provided to the fifth respondent also before removing the encroachments. 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. 3/5
4.With the above direction, the writ petition stands disposed of. There shall be no order as to costs.
[S.M.S., J.] [A.D.M.C., J.] 14.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To
1. The District Collector, Office of the Collector, Tirunelveli District.
2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
3. The Tahsildar, Rathapuram Taluk, Tirunelveli District.
4. The Block Development Officer, Office of the Block Development Officer, Rathapuram Taluk, Tirunelveli District.
4/5
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
LR 14.07.2025 5/5