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Madras High CourtWP(MD)/21867/2025closed

U.Rajagopal v. The District Collector,

2025-10-16Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN U.Rajagopal ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Melur at Y.Othakkadai, Madurai District, Madurai.

3.The Tahsildhar, O/o.The Tahsildar, Melur - 625 106, Madurai District.

4.Navaneethan 5.Beer Mohamed 6.Ramesh 7.Savithiri 8.The Inspector of Police, Kottampatty Police Station, Melur Taluk, Madurai District.

... Respondents (R8 is suo motu impleaded vide order of this Court 16.10.2025 in W.P.(MD)No.21867 of 2025) 1/5

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 7 in the temple land belonging to Arulmigu Gnanavinayagar Kovil comprised in Survey Nos.264/14 and 264/15B, totally measuring 16 cents at Kottampatty Village, Melur Taluk, Madurai District in the light of the order passed by this Court in W.P.(MD)No.6933 of 2019 within the time frame. For Petitioner : Mr.Belco S.Meltiue For Respondents : Mr.S.P.Maharajan (R1 to R3) Special Government Pleader Mr.P.Kottaichamy (R8) Government Advocate (impleaded party) No appearance for R4 to R7

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Read this order in conjunction with and in continuation of order dated 16.08.2025 reading as follows:

"2. Mr.S.P.Maharajan, learned Special Government Pleader for R1 to R3 files a communication from the Tahsildar, Melur, which is dated 06.09.2025.

3. Several encroachments as alleged by the petitioner have been found. Show Cause Notice under Section 7 of the Tamil Nadu Land Encroachment Act is stated to have been issued on 06.09.2025, granting 15 days for reply.

4. Replies hence, ought to be filed by 22.09.2025, after which encroachers have to be heard and appropriate orders will be passed.

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5. Since notices have been issued to R4 to R7 and others as well, this Court does not deem it necessary to direct issuance of notice to the private respondents, at least, at this stage.

6. List on 16.10.2025."

2.Mr.J.Ashok, learned Additional Government Pleader circulates a copy of proceedings in Na.Ka.No.3890/2025A1, dated 14.10.2025 passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. Hence, nothing further survives for determination in this matter. We have under order dated 01.09.2025 impleaded the Inspector of Police, Kottampatty Police Station, Melur Taluk, Madurai District and directed them to provide adequate police protection as well. Those directions are continued till such time the proceedings under Land Encroachment Act are carried to a logical conclusion.

3.With this, the mandamus as sought for stands achieved and this writ petition is closed. No costs.

[A.S.M.J.,] & [C.K.J.,] 16.10.2025 NCC :Yes Index :Yes/No Internet :Yes ta 3/5

To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Melur at Y.Othakkadai, Madurai District, Madurai.

3.The Tahsildhar, O/o.The Tahsildar, Melur - 625 106, Madurai District.

4.The Inspector of Police, Kottampatty Police Station, Melur Taluk, Madurai District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ta 16.10.2025 5/5