Marimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) No.17349 of 2024 Marimuthu ... Petitioner -vs1.The District Collector Thenkasi District, Tenkasi 2.The District Revenue Officer Tenkasi District, Tenkasi 3.The Revenue Divisional Officer Sankarankovil Revenue Division Sankarankovil Tenkasi - District 4.The Tahsildar Sivagiri Taluk Sivagri Tenkasi - District 5.The Block Development Officer (Village)

Vasudevanallur Panchayat Union Vasudevanallur Tenkasi - District 6.The Executive Officer Vasudevallur Town Panchayat Vasudevanallur Sivagiri - Taluk Tenkasi - District 7.Murugan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing these respondents 1 to 6 to remove the encroachments made by the 7th respondent in the east west Kattabomman 1st Street in Vasudevanallur Town Panchayat in Vasudevanallur, S.No.1014/1 and to maintain and monitor that the said street could be used as the public street, without having any hindrance by encroachments either by 7th respondent are anybody else.

For Petitioner :

Mr.F.X.Eugene For Respondents :

Mr.V.Om Prakash Government Advocate for R1 to R6

O R D E R

[Order of the Court was made by G.ARUL MURUGAN, J.]

The petitioner has filed this writ petition seeking a direction to the respondents 1 to 6 to remove the encroachments made by the seventh respondent in the east west Kattabomman 1st Street, in Vasudevanallur Town Panchayat, in Survey No.1014/1 and to maintain and monitor that the said street could be used as the public street, without having any hindrance by encroachments either by seventh respondent are anybody else.

2. The Executive Officer, Vasudevanallur Town Panchayat, has given a written instructions dated 09.08.2025, to the Government Pleader, wherein, it is stated that an inspection was conducted in the subject property on 04.08.2025 and during the inspection, the encroachment made by the seventh respondent was found out and it was directed to be removed. Further, again on 05.08.2025 and 08.08.2025, when again an inspection was conducted, it was found that the seventh respondent has again made encroachment in the subject land. The Town Panchayat is taking steps to remove the encroachment made by the seventh respondent.

3. In view of the written instructions dated 09.08.2025 given by the Executive Officer, Vasudevanallur Town Panchayat, this writ petition is

disposed of with a direction to the respondent - Town Panchayat to take necessary action for removal of the encroachments made by the seventh respondent and ensure that the encroachments are properly removed from the subject property, within a period of twelve weeks from the date of receipt of a copy of this order. It is also made clear that if there are any repeated encroachments made by the seventh respondent, it is open to the respondent - Town Panchayat to file appropriate complaint before the authority concerned, based on which further steps for prosecution will also be initiated against the seventh respondent. No costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [G.A.M., J.] 11.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District, Madurai.

2.The Sub Divisional Administrative Magistrate / The Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Thirupparakundram Taluk, Madurai District.

4.The Block Development Officer, (Village Panchayat), Union Panchayat, Thirupparakundram, Madurai District.

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk and W.M.P.(MD) No.17349 of 2024 11.08.2025