Chinnagurusamy V v. The District Collector / District Monitoring Committee
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 V.Chinnagurusamy ... Petitioner vs.
1. The District Collector / District Monitoring Committee, Thenkasi District, Thenkasi.
2. The Revenue Divisional Officer, Sankarankovil, Thenkasi District.
3. The Thasildar, Thiruvengadam Taluk, Thenkasi District.
4. The Block Development Officer, Kuruvikulam Panchayat Union, Thenkasi District.
5. The Inspector of Police, Kuruvikulam Police Station, Thenkasi District.
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6. Mariappan
7. Kanagaraj
8. Manokaran
9. Ganesan
10. Kadarkarai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to initiate appropriate action to remove the illegal encroachments made by the respondent 6 to 10 in public land in Survey No.67/1 of an extent of 1.53.0 Hectares (3 Acres, 78 Cents) and to implement social welfare schemes towards the villagers by constructing Community Hall, Library, Park and Play Ground in the land within the time limit.
For Petitioner : Mr.M.Karthikeya Venkitachalapathy For R1 - R4 : Mr.P.Thilak Kumar Government Pleader For R5 : Mr.T.Senthil Kumar Additional Public Prosecutor 2/7
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 to 5 to initiate appropriate action to remove the illegal encroachments made by the respondent 6 to 10 on public land in Survey No.67/1, measuring 1.53.0 hectares (3 acres, 78 cents) and to implement social welfare schemes for the benefit of the villagers by constructing a Community Hall, Library, Park and Playground on the said land, within a time frame to be stipulated by this Court.
2. Heard Mr.M.Karthikeya Venkitachalapathy, learned counsel for the petitioner; Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 to 4 and Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who accepts notice on behalf of the fifth respondent.
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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 6 to 10 is dispensed with.
4. Alleging that the respondents 6 to 10 have encroached upon land that was donated for public purposes and intended for implementation of social welfare measures for the benefit of the villagers, the petitioner submitted a representation dated 09.06.2025 to the respondents 1 to 4, requesting them to remove the encroachment. However, since no action was taken on the said representation, the petitioner has now approached this Court by filing the present Writ Petition.
5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the first respondent to consider the representation of the petitioner dated 09.06.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court. 4/7
6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the fourth respondent, to consider the online representation of the petitioner dated 09.06.2025 and pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the fourth respondent to consider the same on its own merits. No costs.
[A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 5/7
To
1. The District Collector / District Monitoring Committee, Thenkasi District, Thenkasi.
2. The Revenue Divisional Officer, Sankarankovil, Thenkasi District.
3. The Thasildar, Thiruvengadam Taluk, Thenkasi District.
4. The Block Development Officer, Kuruvikulam Panchayat Union, Thenkasi District.
5. The Inspector of Police, Kuruvikulam Police Station, Thenkasi District.
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A.D.JAGADISH CHANDIRA, J.
AND R.POORNIMA, J.
PKN ORDER MADE IN DATED : 01.08.2025 7/7