S.Goplakrishnan v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

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

1.State of Tamil Nadu, Represented by its Secretary, Highways Department, Secretariat, Chennai - 9.

2.The Executive Engineer, State Highways Department, Palani, Dindigul District.

3.The Tahsildar, Vedasandur Taluk, Dindigul District.

4.S.Kaleeshwari 5.C.Palanisamy ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to remove the encroachment in Survey No.438 situated in Nagaiakottai Village, Gujiliamparai Taluk based on the representation dated 18.02.2023 and pass order within the stipulated period fixed by this Court. For Petitioner : Mr.S.Arunnithy For RR 1 to 3 : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Mr.M.Sarangan, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Considering the limited relief sought for by the petitioner, notice to the respondents 4 and 5 is dispensed with. 2/6

2.In the context of the relief sought for by the petitioner in the present Writ Petition, the learned Additional Government Pleader appearing for the respondents 1 to 3, based on the written instructions from the Tahsildar, Gujiliamparai, submitted that a survey has already been conducted by the revenue authorities and encroachments have been identified. He further submitted that enforcement action will be initiated and the encroachments will be removed by following the procedures as contemplated under law.

3.In view of the said submission, the second respondent is directed to commence enforcement actions based on the survey conducted and follow the procedures as contemplated under the relevant statutes and rules, by affording due opportunity to the respondents 4 and 5 and thereafter, remove the encroachments. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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4.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Secretary, Represented by its State of Tamil Nadu, Highways Department, Secretariat, Chennai - 9.

2.The Executive Engineer, State Highways Department, Palani, Dindigul District.

3.The Tahsildar, Vedasandur Taluk, Dindigul District.

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S.M.SUBRAMANIAM , J.

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

ps ORDER MADE IN DATED : 07.08.2025 6/6