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Madras High CourtWP(MD)/24124/2019disposed of

L.M.Pitchairajan v. The District Collector

2025-08-11Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice G.Arul Murugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN L.M.Pitchairajan ... Petitioner -Vs1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

3.P.R.Muthusamy 4.P.R.Selvam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents No.1 and 2 to remove the encroachment made by the third and fourth respondents in Survey No.383, Old Kannivadi Village, Dindigul West Taluk, Dindigul District. 1/5

For Petitioner : Mr.K.Kulanthai Vikram For R1 & R2 : Mr.P.Thilak Kumar Government Pleader For R3 & R4 : Mr.F.X.Eugene

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondent Nos. 1 and 2 to remove the encroachment made by the third and fourth respondents in Survey No.383, Old Kannivadi Village, Dindigul West Taluk, Dindigul District.

2. The learned Government Pleader appearing for the respondents 1 & 2, based on the counter filed by the Tahsildar, Dindigul West, would submit that the subject encroachments had already been removed. Paragraph-5 of the counter filed by the Tahsildar reads as under:- "5. I respectfully submitted that the Surveyor with the aid of V.A.O and R.I has measured the land and notice was issued to encroachers. Since the pond is under the control of P.W.D.Department and on the entire measurement of the pong given by the revenue Department, The PWD Department has removed the encroachments. The Brick champers and other things as alleged by the petitioner are situated in the respective patta land near the bond. The Water Storages to the pond were 2/5

properly channelized."

3. In view of the above statement of the Tahsildar, the writ petition is disposed of. No costs.

(S.M.S., J.) & (G.A.M., J.) 11.08.2025 NCC : Yes / No Index : Yes / No am 3/5

To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

4/5

S.M.SUBRAMANIAM, J.

AND G.ARUL MURUGAN, J.

am 11.08.2025 5/5