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Madras High CourtWP(MD)/23007/2025disposed of

Pandi v. The District Collector,

2025-08-25Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice G.Arul Murugan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Pandi ... Petitioner -vs1.The District Collector Chairperson of District Monitoring Committee Ramanathapuram District 2.The Revenue Divisional Officer Ramanathapuram Ramanathapuram District 3.The Thasildhar Thiruvadanai Taluk Ramanathapuram District 4.The Superintendent of Police Ramanathapuram District 5.Muthuraj 7.Rajendran ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to remove the encroachment at survey No.348/23 at Thalirmarungur group, Thiruvadanai Taluka, Ramanathapuram District in View of the proceedings by the 3rd respondent in Na.Ka.B5/5462/2023 dated 02.11.2023 based on Petitioner's representation dated 04.08.2025.

For Petitioner :

Mr.R.Mahendrarajan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R3 Mr.T.Senthil Kumar Additional Public Prosecutor for R4

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 1 to 3 and Mr.T.Senthil Kumar, learned Additional Government Pleader takes notice for the fourth respondent.

2. In view of nature of the relief sought for in this writ petition, notice to the respondents 5 & 6 is dispensed with.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. With reference to the relief sought for in the present writ petition, one Mr.Ramanathan earlier filed W.P.(MD) No.12311 of 2025 seeking similar relief. The said writ petition was disposed of by this Court by an order dated 28.04.2025, by issuing the following directions: "5.In view of the above submissions, without going into the merits of the petitioner's claim, the concerned authorities are directed to survey the land in question in the presence of the petitioner as well as respondents 5 and 6. After affording a personal hearing to all the concerned parties, if any encroachment is found as claimed by the petitioner, the concerned authorities shall take necessary action to remove the encroachment by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order."

5. Learned Special Government Pleader appearing for the respondents 1 to 3 would submit that pursuant to the above directions issued by this Court in the above writ petition, enforcement actions have been

initiated. The Tahsildar has issued notice for conducting survey. After completing the survey process, all further actions will be initiated for removal of encroachment.

6. In view of the above submissions, the official respondents are directed to continue the enforcement actions by affording opportunity to the encroachers and by following the procedures as contemplated under the Act and Rules and conclude the same within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. No costs.

[S.M.S., J.] [G.A.M., J.] 25.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Chairperson of District

Monitoring Committee, Ramanathapuram District.

2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3.The Thasildhar, Thiruvadanai Taluk, Ramanathapuram District.

4.The Superintendent of Police, Ramanathapuram District.

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk 25.08.2025