M.Subramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.22946 to 22950 of 2025 and W.M.P.(MD)Nos.18009, 18010, 18020, 18023, 18014, 18016, 18031 & 18034 of 2025 M.Subramanian .. Petitioner in W.P.(MD)No.22946 of 2025 M.Manthiramoorthi Mayandi .... Petitioner in W.P.(MD)No.22947 of 2025 U.Pitchammal .... Petitioner in W.P.(MD)No.22948 of 2025 M.Chinnadurai .... Petitioner in W.P.(MD)No.22949 of 2025 M.Vellaisamy .... Petitioner in W.P.(MD)No.22950 of 2025 Vs.

1.The District Collector, O/o.The District Collectorate, 1/5

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Kovilpatti, 3.The Tahsildar, O/o.The Tahsildar, Srivaikundam, 4.The Assistant Engineer, Department of Water Resources, Maruthur Melakkal Section, Thriuvaikundam.

... Respondents Common Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the 4th respondent dated 19.07.2025 and quash the same and subsequently directing the respondents not to evict the petitioner till the allocation of an alternative site in light of the representation dated 09.07.2025.

For Petitioner :Mr.S.Ramsundarvijayraj For Respondents :Mr.C.Venkateshkumar Government Advocate (in all W.Ps.) 2/5

COMMON ORDER Heard both sides.

2. The petitioner challenges the impugned Form III notice on the ground that Form I and Form II notices were not issued to him. He would further claim that survey was not done in his presence. This contention appears to be sound. But the fact remains that admittedly, the petitioner is an encroacher. In fact, the alternative prayer made in the writ petition is for allotting the alternative site and that he could not be dispossessed till the alternative site is allotted. The petitioner is granted six months time from today to vacate the premises in question. This is subject to the condition that the petitioner files an affidavit of undertaking to the aforesaid effect before the fourth respondent. If the petitioner fails to file such an affidavit, the benefit of this order will not enure to him.

The petitioner is given liberty to submit an application to the first respondent to allot him an alternative site. If the petitioner is eligible as per the extant norms, the first respondent shall pass an appropriate order on his representation within a period of two weeks from the date of receipt of the same.

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3. These Writ Petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 21.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, O/o.The District Collectorate, 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Kovilpatti, 3.The Tahsildar, O/o.The Tahsildar, Srivaikundam, 4.The Assistant Engineer, Department of Water Resources, Maruthur Melakkal Section, Thriuvaikundam.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)Nos.22946 to 22950 of 2025 21.08.2025 5/5