V. Kalidoss v. The District Collector
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 V.Kalidoss ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, 3.The District Backward Class Welfare Officer, Collectorate Campus, Madurai, 4.The Revenue Divisional Officer/ The Divisional Monitoring Committee, Usilampatti Taluk, 5.The Tahsildar, Usilampatti Taluk Office, 1/6
6.The Block Development Officer, (Village Panchayat) Usilampatti Panchayat Union, 7.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, 8.Panjukilli 9.Murugan 10.Perumal 11.Saravanakumar
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the encroachment made in Survey No.32/2A and 33/3A1B at Sikkampatti Village, Usilampatti Taluk, Madurai District based on the G.O.Ms.No.64, Revenue Disaster Management Department, Land Disposal Wing, LD 6(2) Section dated 08.02.2022 by considering the representation of the petitioner dated 03.09.2024. For Petitioner : Mr.B.Chakkaravarthi for Mr.C.Ezhilarasu For R1 to R6 : Mr.M.Sarangan Additional Government Pleader For R7 : Mr.S.Ravi Additional Public Prosecutor For R8 & R9 : Not ready in notice For R10 & R11 : Mr.K.Navaneetharaja 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the official respondents to remove the encroachment made in Survey No.32/2A and 33/3A1B at Sikkampatti Village, Usilampatti Taluk, Madurai District based on the G.O.Ms.No.64, Revenue Disaster Management Department, Land Disposal Wing, LD 6(2) Section dated 08.02.2022.
2. The learned Additional Government Pleader appearing for the respondents 1 to 6, on instructions, would submit that four encroachments are identified in the subject properties described in the present writ petition. Consequently, notice under Section 7 of the Land Encroachment Act, 1905 was issued. After affording an opportunity to the alleged encroachers, final notice under Section 6 of the Land Encroachment Act was issued on 19.04.2025. A statutory appeal was preferred by the encroachers to the District Collector on 18.06.2025 which is yet to be disposed of.
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3. In view of the facts as stated above, the District Collector, Madurai District shall dispose of the statutory appeal filed under Section 10 of the Act by affording an opportunity to all the parties and by following the procedure as contemplated under the Act as expeditiously as possible. Thereafter, all further proceedings are to be continued based on the final order passed by the District Collector.
4. With these directions, the writ petition is disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 04.08.2025 NCC : Yes / No Index : Yes / No am 4/6
To 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, 3.The District Backward Class Welfare Officer, Collectorate Campus, Madurai, 4.The Revenue Divisional Officer/ The Divisional Monitoring Committee, Usilampatti Taluk, 5.The Tahsildar, Usilampatti Taluk Office, 6.The Block Development Officer, (Village Panchayat) Usilampatti Panchayat Union, 7.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, 5/6
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
am 04.08.2025 6/6