Meenakshi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.15036 of 2025 Meenakshi ... Petitioner Vs
1. The District Collector, District Collectorate, Sivagangai.
2. The Tahsildar, Thiruppathur Taluk, Sivagangai.
3. The Executive Officer, Nerkuppai Town Panchayat,
4. Muthu ... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 3rd respondent in Na.Ka.No. 95/2024 dated 02.07.2025 and to quash the same as illegal, arbitrary and consequently to direct the respondents 1 to 3 to remove the encroachment made by the 4th respondent in SF.No. 548-11 situated at Navanikalam, Nerkuppai Town Panchayat, Thiruppathur Taluk, For Petitioner :
Mr.S.Ramanathan, For Respondent :
Mr.M.Sarangan (R1-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 set aside the order passed by the 3rd respondent in Na.Ka.No. 95/2024 dated 02.07.2025 and consequently to direct the respondents 1 to 3 to remove the encroachment made by the 4th respondent in SF.No. 548-11 situated at Navanikalam, Nerkuppai Town Panchayat, Thiruppathur Taluk, Sivagangai District. 2/5
2.With reference to the relief sought for in the present writ petition, the learned Additional Government Pleader based on the instructions would submit that enforcement actions have already been initiated. Notice under Section 7 of the Tamil Nadu Land Encroachment Act was issued to the encroachers and after affording opportunity, final notice under Section 6 of the Tamil Nadu Land Encroachment Act was also issued. Mean while, the encroachers filed an application seeking patta. Since the survey revealed that the property is a Government Paramboke land and classified as 'cart track', they are not entitled for getting patta and there is no possibility for considering the application for patta. The authorities will conclude the enforcement actions. 3.In view of the said submission, the respondents 2 and 3 are directed to continue the enforcement actions and remove the encroachment, within a period of twelve weeks, from the date of receipt of a copy of this order.
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4.With the above directions, the writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.] 18.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To
1. The District Collector, District Collectorate, Sivagangai.
2. The Tahsildar, Thiruppathur Taluk, Sivagangai.
3. The Executive Officer, Nerkuppai Town Panchayat, 4/5
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
LR 18.07.2025 5/5