Thirumalaisamy M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Thirumalaisamy ... Petitioner -Vs1.The District Collector, Office of the District Collector, Dindigul District.

2.The Tahsildar, Palani Taluk Office, Palani, Dindigul District.

3.The Executive Officer, Neikarapatti Town Panchayat, Neikarapatti, Palani Taluk, Dindigul District.

4.The Trustee of Kalaiamman Kovil Trust, Periyakalaiyampudur Post, Neikarapatti Town Panchayat, Palani Taluk, Dindigul District.

... Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the fourth respondent in Old S.No.36/1, New S.No.152 which was classified as a common pathway belonging to third respondent Town Panchayat, Palani Taluk, Dindigul District by considering the petitioner representation dated 17.02.2025.

For Petitioner : Mr.C.Gangai Amaran For R1 & R2 : Mr.M.Sarangan Additional Government Pleader For R3 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by G.ARUL MURUGAN, J.) Heard the learned counsel appearing for the petitioner, Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.J.Ashok, learned Additional Government Pleader appearing for the third respondent.

2. The writ petition is filed seeking for a direction to direct the respondents 1 to 3 to remove the encroachments made by the fourth respondent in Old S.No.36/1, New S.No.152 which was classified as a common pathway belonging to third respondent Town Panchayat, Palani Taluk, Dindigul District. 2/5

3. The learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that already the third respondent had issued notice by proceedings in Na.Ka.No.86/2025/A1, dated 18.08.2025 to the concerned persons in respect of the encroachments made in the subject property.

4. In view of the fact that already proceeding has been initiated, the writ petition is disposed of with a direction to the respondents 1 to 3 to complete the enforcement action in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs. (S.M.S., J.) & (G.A.M., J.) 21.08.2025 NCC : Yes / No Index : Yes / No am 3/5

To 1.The District Collector, Dindigul District.

2.The Tahsildar, Palani Taluk Office, Palani, Dindigul District.

3.The Executive Officer, Neikarapatti Town Panchayat, Neikarapatti, Palani Taluk, Dindigul District.

4/5

S.M.SUBRAMANIAM, J.

AND G.ARUL MURUGAN, J.

am 21.08.2025 5/5