Manivannan R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) No.17442 of 2025
1. R.Manivannan
2. S.Vinothini ... Petitioners Vs
1. The District Collector, Karur District.
2. Revenue Divisional Officer, Kulithalai, Karur District.
3. The Tahsildar, Krishnarayapuram Taluk, Karur District.
4. The Village Administrative Officer, Mayanoor Village, Krishnarayapuram Taluk, Karur District.
5. The Inspector of Police, Mayanoor Police Station, Karur District.
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6. Gnanasekar
7. Ragupathi
8. Thiyagarajan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus restraining the respondents 1 to 5 to conduct survey or any other coercive action in property S.F.No.162, 162/27 situated at Maayanur Village, Krishnarayapuram Taluk, Karur District.
For Petitioner :
Mr.P.Edin Brough, For Respondent :
Mr.S.P.Maharajan (R1-R4) Special Government Pleader T.Senthilkumar (R5) Additional Public Prosecutor
O R D E R
[Order of the Court was made by G.ARUL MURUGAN, J.] The writ petition is instituted seeking a negative prayer to restrain the respondents 1 to 5 to conduct survey or any other coercive action in respect of the property in S.F.Nos.162 and 162/27 situated at Maayanur Village, Krishnarayapuram Taluk, Karur District. 2/7
2.Heard the learned Counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents 1 to 4.
3.It is seen from records that earlier a writ petition was filed in W.P(MD)No.4988 of 2025 by one Gnanasekar/sixth respondent herein seeking direction to the official respondents to remove the encroachment in the Government poramboke pathway situated in the above land. In the said petition, the petitioners herein are the fourth and fifth respondents. The writ petition came to be disposed of by order dated 25.02.2025 directing the respondents to take action in accordance with law within a period of twelve weeks. Thereafter, yet another writ petition was filed in W.P.(MD)No.3777 of 2025 by the father of the petitioner herein, challenging the order passed by the Revenue Divisional Officer holding that the encroachments are identified and actions ought to be taken. In the said writ petition, in which one of us (G.A.M., J.) is a party. By order dated 24.06.2025, the writ petition was disposed of directing the respondents to remove the encroachments, if any, by 3/7
initiating appropriate proceedings under the Tamil Nadu Land Encroachment Act. The said the exercise was directed to be completed within a period of eight weeks from the date of copy of receipt of that order.
4.Pursuant to all these proceedings, it is stated by the learned Counsel for the petitioners that they have also filed a suit in O.S.No.465 of 2023 in respect of the same issue covered in this writ petition. 5.When there are series of directions passed by this Court, now the petitioners had come up with the present writ petition seeking to restrain the respondents 1 to 5 from conducting a survey or any other coercive action. In fact, the relief sought for by the petitioners is to nullify the earlier directions passed by at least two Hon'ble Division Benches of this Court. The conduct of the petitioners in approaching the Court with such a relief when already there are two orders passed by the Division Bench operating as against the petitioners where a direction was issued to the official respondent to remove the encroachment, is to be condemned and we are not appreciating the approach of the petitioners in filing this 4/7
petition with the above relief.
6.Though we deem it appropriate to impose cost on the petitioners, by warning the petitioners that such exercise cannot be undertaken before this Court when already orders have been passed in the very subject matter of the lands. Thus, the writ petition is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[S.M.S., J.] [G.A.M., J.] 13.08.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To
1. The District Collector, Karur District.
2. Revenue Divisional Officer, Kulithalai, Karur District.
3. The Tahsildar, Krishnarayapuram Taluk, Karur District.
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4. The Village Administrative Officer, Mayanoor Village, Krishnarayapuram Taluk, Karur District.
5. The Inspector of Police, Mayanoor Police Station, Karur District.
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S.M.SUBRAMANIAM, J.
and G.ARUL MURUGAN, J.
LR 13.08.2025 7/7