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Madras High CourtWP(MD)/21593/2023disposed of

P.Suyambulingam v. The District Collector

2025-08-04Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

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

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

3.The Block Development Officer, Block Development Office, Udangudi, Tiruchendur Taluk, Thoothukudi District.

4.The Panchayat President, Panchayat Office, Manadu Thandupathu Village Panchayat, Tiruchendur Taluk, Thoothukudi District.

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5.Jeyapandi Nadar 6.Rajakumari 7.Thirumal 8.Ramasundaram 9.Athisayapandi ... 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 4 to remove the encroachment such as compound wall constructed by the 5th to 9th respondents in Survey No.936/6, common pathway situated at Chidambarapuram, Manadu Thandupathu Village, Tiruchendur Taluk, Thoothukudi District on the basis of the representations dated 17.07.2023 and 26.08.2023.

For Petitioner : Mr.S.Muniyandi For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For RR 5 & 6 : Mr.M.Mohamed Sherbudeen For RR 4 & 7 to 9 : No appearance 2/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents 1 to 4 to remove the encroachment, such as the compound wall constructed by the respondents 5 to 9 in Survey No.936/6, a common pathway situated at Chidambarapuram, Manadu Thandupathu Village, Tiruchendur Taluk, Thoothukudi District on the basis of the petitioner's representations, dated 17.07.2023 and 26.08.2023.

2.With reference to the relief sought for in the present Writ Petition, the learned Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that a survey has already been conducted by the competent authorities. Three encroachments have been identified and enforcement actions are in progress.

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3.In view of the said submissions, the official respondents are directed to continue the enforcement actions and remove the encroachments by following the procedures as contemplated under the relevant statutes and applicable rules, within a period of twelve weeks from the date of receipt of a copy of this order.

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.] 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

3.The Block Development Officer, Block Development Office, Udangudi, Tiruchendur Taluk, Thoothukudi District.

4.The Panchayat President, Panchayat Office, Manadu Thandupathu Village Panchayat, Tiruchendur Taluk, Thoothukudi District.

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S.M.SUBRAMANIAM , J.

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

ps ORDER MADE IN DATED : 04.08.2025 6/6