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Madras High CourtWP(MD)/24424/2025closed

J.Perumal v. The District Collector

2025-09-18Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.(MD)No.24424 of 2025 J.Perumal

...Petitioner

Vs 1.The District Collector, O/o.District Collector Office, Madurai District, Madurai.

2.The District Revenue Officer, O/o.District Revenue Office, Madurai District, Madurai.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, District Collector Campus, Madurai.

4.The Tahsildar, Madurai East Taluk, Madurai.

5.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

6.Rahini

...Respondents

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take necessary action on the basis of the petitioner's representation dated 05.06.2025 with regard to remove the encroachment made in Survey No.33/10 at Sithakkur Village, Pudhu Thamaraipatti Post, Madurai District within a time frame fixed by this Court. For Petitioner : Mr.D.Anbarasu For R1 to R4 : Mr.J.Ashok Government Pleader For R5 : Mr.P.Kottaichamy Government Advocate

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Read this order in conjunction with and in continuation of the order dated 09.09.2025 and 16.09.2025.

2.The report of the fourth respondent is filed today (18.09.2025), which reads as follows:

"3.I respectfully submit that the present writ petition has been filed seeking a direction to remove the alleged encroachment said to have been made by the 6th respondent in Survey No.33/10, Sithakkur Village, Madurai East Taluk, Madurai District, and also raising an objection regarding issuance of patta in favour of the 6th respondent.

4. It is further submitted that a status report was filed before the Hon'ble Court on 16.09.2025 regarding Survey No. 33/10, as mentioned by the petitioner in his affidavit. However, when the matter came up for hearing on the same day, the Hon'ble Court directed the respondents to file a status report regarding 2/5

Survey No. 33/16 of the same village, which was referred to by the petitioner in his earlier representation and the photographs attached to his affidavit

5. It is humbly submitted that the survey number of 33/16 in sithakkur village, East Taluk, Madurai District is originally classified as "Sarkar? purambukal Theru" in the Village Natham Accounts with an extent of 0.01.45.0 hec.

6. It is further submitted that, pursuant to the Hon'ble Court's directions, Survey No. 33/16 was inspected on 17.09.2025. During the inspection, it was found that the land in question had been encroached upon by one Tmt. Ayammal, wife of Pandiyarajan, who is a resident of the same Sithakkur Village. The encroachment consists of a Toilet, steel fence and a steel gate.

7. It is respectfully submitted that action has been proposed to evict the encroachment made by Tmt. Ayammal, wife of Pandiyarajan, following the due process of law, as prescribed under The Tamil Nadu Land Encroachment Act, 1905, and in accordance with G.O. (Ms) No. 64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD.6(2)' Section, dated 08.02.2022."

3.Recording the same and issuing a direction to R4 to take necessary action in accordance with law within a period of six weeks from today (18.09.2025), this writ petition is closed. No costs.

[A.S.M.J.,] & [C.K.J.,] 18.09.2025 NCC : Yes /No Index: Yes/No Internet : Yes /No ta 3/5

To 1.The District Collector, O/o.District Collector Office, Madurai District, Madurai.

2.The District Revenue Officer, O/o.District Revenue Office, Madurai District, Madurai.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, District Collector Campus, Madurai.

4.The Tahsildar, Madurai East Taluk, Madurai.

5.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ta W.P.(MD)No.24424 of 2025 18.09.2025 5/5