N.Rajalakshmi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN N.Rajalakshmi ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul, 2.The Assistant Director of Town Panchayat, Dindigul District.

Collectorate, Dindigul 3.The Executive Officer, Sriramapuram Town Panchayat, Dindigul West Taluk, Dindigul District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 10.06.2025 and pass orders to forbear the third respondent from taking any action in S.No.141/16, at Polliyammanoor, Sriramapuram Town Panchayat, Kotalvavi Village, Dindigul West Taluk, Dindigul District without following due process of law within a period stipulated by this Court.

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For Petitioner : Mr.M.Mohamed sherbudeen For R1 & R2 : Mr.D.Ghandiraj Special Government Pleader For R3 : Mr.R.Baskaran Additional Government Pleader

ORDER

This writ petition has been filed for a writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 10.06.2025 and pass orders to forbear the third respondent from taking any action in S.No.141/16, at Polliyammanoor, Sriramapuram Town Panchayat, Kotalvavi Village, Dindigul West Taluk, Dindigul District without following due process of law.

2. The petitioner's father has already initiated the proceedings before the District Munsif Court, Dindigul, in O.S.No.301 of 2023, in respect of the land in S.No.141/16 at Polliyammanoor, Sriramapuram Town Panchayat, Kotalvavi Village, Dindigul West Taluk, Dindigul District. 2/5

3. The specific case of the petitioner is that even as per the land records, the land is classified as Natham and that the petitioner's father had earlier successfully challenged the land encroachment proceedings initiated under Section 7 of the Tamil Nadu Encroachment Act, 1905, in W.P(MD)No.24401 of 2023. The said writ petition was allowed by the Division Bench of this Court on 09.10.2023.

4. The learned counsel for the petitioner confirms that although the petitioner's father filed I.A.No.1 of 2023 in O.S.No.301 of 2023 for interim injunction, no interim order has been secured so far. There is a proposal to lay a road over the land in respect of which the suit is pending in the said Court.

5. Having considered the submissions made by the learned counsel for the petitioner, learned Special Government Pleader for the respondents1 and 2 and the learned Additional Government Pleader for the third respondent, this writ petition stands disposed of by directing the respondents to keep the proceedings in abeyance for a period of four weeks from today. It is open to the petitioner to secure interim order from the aforesaid civil Court. In case 3/5

the petitioner fails to secure any interim order, the respondents are at liberty to proceed with the work. No costs.

30.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The District Collector, Dindigul District, Dindigul, 2.The Assistant Director of Town Panchayat, Dindigul District.

Collectorate, Dindigul 3.The Executive Officer, Sriramapuram Town Panchayat, Dindigul West Taluk, Dindigul District.

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C.SARAVANAN, J.

sn W.P(MD).No.20647 of 2025 30.07.2025 5/5