Pandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Pandi ... Petitioner vs.

1. The District Collector, Madurai District.

2. The Tahsildar, Peraiyur Taluk, Madurai District.

3. Siththan

4. Balamurugan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st and 2nd Respondents to consider this Petitioners representation dated 02.06.2025 and consequently directing the 1st and 2nd Respondents to remove the encroachment made by the 3rd and 4th respondents in S.F.Nos.135/1B and 135/31 at Kilangulam Village, Peraiyur Taluk, Madurai District within the period that may be stipulated 1/6

by this Hon'ble Court.

For Petitioner : Mr.B.Senthilkumar For R1 & R2 : Mr.P.Thilak Kumar Government Pleader

O R D E R

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 1 and 2 to consider this petitioner's representation dated 02.06.2025 and for a consequential direction to remove the encroachment made by the respondents 3 and 4 in S.F.Nos.135/1B and 135/31 at Kilangulam Village, Peraiyur Taluk, Madurai District, within a time frame to be stipulated by this Court.

2. Heard Mr.B.Senthilkumar, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 and 2.

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3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 3 and 4 is dispensed with.

4. Alleging that the respondents 3 and 4 have unlawfully encroached upon the children's park in S.F.Nos.135/1B and 135/31 at Kilangulam Village, Peraiyur Taluk, Madurai District and constructed unauthorized buildings thereon without any valid documents to establish their title, the petitioner submitted a representation dated 02.06.2025 to the respondents 1 and 2, requesting them to take appropriate action. However, since no action was taken on the said representation, the petitioner has now approached this Court by filing the present Writ Petition.

5. When the matter was taken up for hearing today, the learned Government Pleader appearing on behalf of the respondents 1 and 2, on instructions, submitted that the encroachers have already been identified and eviction notices have been issued. Since the eviction drive is currently in 3/6

progress, he requested a further period of twelve weeks time to complete the eviction process in its entirety.

6. Considering the submission made by the learned Government Pleader, without expressing any opinion on the claim made by the petitioner, this Writ Petition is disposed of with a direction to the respondents 1 and 2, to initiate appropriate action and remove the encroachment, if any, after affording sufficient opportunity to the petitioner, respondents 3 and 4 and all the parties concerned and also by following due process of law as expeditiously as possible, preferably, within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

[A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6

To

1. The District Collector, Madurai District.

2. The Tahsildar, Peraiyur Taluk, Madurai District.

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

PKN ORDER MADE IN DATED : 01.08.2025 6/6