Vinayaga Moorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Vinayaga Moorthy ... Petitioner vs.

1. The District Collector, District Collector Office, Virudhunagar District - 626 002.

2. The Sub Collector, Sivakasi, Virudhunagar District.

3. The Tahsildar, Taluk Office, Watrap, Sivakasi, Virudhunagar District.

4. The Block Development Officer (Village Panchayat), Block Development Officer, Watrap, Virudhunagar District.

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5. Ramalakshmi

6. Muthaiah

7. Muthu

8. Muthu Ramalingam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents No. 1 to 4 to take necessary action against the Respondents No. 5 to 8 and to remove the encroachment of buildings made in Government land situated in Survey Number 830/1, Mariamman Kovil Street, Watrap Taluk, Virudhunagar District by considering the Petitioner s Representation dated 28.05.2025 in the light of proceedings issued by the 3rd Respondent in Na.Ka.A4/2118/19 dated 10.12.2020 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For R1 - R3 : Mr.M.Sarangan Addl. Government Pleader For R4 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present writ petition, the learned Additional Government Pleader, based on the written instruction given by the Tahsildar, Watrap, vide letter dated 04.08.2025, would submit that 2/5

enforcement actions were initiated under the Tamil Nadu Land Encroachment Act, 1905 and encroachments were removed partially. The remaining encroachments will be removed by following procedures as contemplated under the Act.

2. In view of the said submission, the official respondents are directed to follow the procedures and remove the encroachments by affording an opportunity to all the encroachers within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. The writ petition stands disposed of with the above directions. No costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5

To

1. The District Collector, District Collector Office, Virudhunagar District - 626 002.

2. The Sub Collector, Sivakasi, Virudhunagar District.

3. The Tahsildar, Taluk Office, Watrap, Sivakasi, Virudhunagar District.

4. The Block Development Officer (Village Panchayat), Block Development Officer, Watrap, Virudhunagar District.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

PKN ORDER MADE IN DATED : 05.08.2025 5/5