P.Muthukannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

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

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Usilampatti Taluk, Madurai District.

3. The Block Development Officer, Chellampatti Union, Usilampatti Taluk, Madurai District.

4. P.Palraj ... 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 1, 2 and 3 to remove the encroachment made by the 4th respondent in Public pathway in Survey No. 138/23 of Panniyan village, Usilampatti taluk, Madurai District.

For Petitioner :

Mr.SP.Vijaynivas, For Respondent :

Mr.S.P.Maharajan (R1 - R2) Special Government Pleader :

Mr.M.Sarangan (R3) Additional 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 and 3 to remove the encroachment made by the fourth respondent in Public pathway in Survey No. 138/23 at Panniyan village, Usilampatti Taluk, Madurai District.

2/5

2.With reference to the relief sought for in the present writ petition to remove the encroachment made by the fourth respondent, the learned Additional Government Pleader would submit that both the petitioner and the fourth respondent are encroachers.

3.The learned Counsel for the petitioner would submit that the petitioner was already removed from the Government land. As far as the fourth respondent is concerned, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was issued and after affording opportunity, final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was also issued.

4.The learned Additional Government Pleader would undertake that the authorities will evict the fourth respondent within a short span of time.

5.In view of the said submission, the respondents 1 and 2 are directed to evict the fourth respondent including the encroachment made 3/5

by the petitioner, if any, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

[S.M.S., J.] [A.D.M.C., J.] 16.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Usilampatti Taluk, Madurai District.

3. The Block Development Officer, Chellampatti Union, Usilampatti Taluk, Madurai District.

4/5

S.M.SUBRAMANIAM, J.

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

LR 16.07.2025 5/5