Udhayakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2025

CORAM:

THE HONOURABLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE and THE HONOURABLE MS.JUSTICE R.POORNIMA Udhayakumar S/o.Chelladurai Colony South Street Paraikulam Village Madathupatti Panchayat Union Sankarankovil Taluk Tenkasi District ... Petitioner -vs1.The District Collector Tenkasi District, Tenkasi 2.The Revenue Divisional Officer Sankarankovil Taluk Tenkasi District 3.The Tahsildar Sankarankovil Taluk Tenkasi District 4.The Block Development Officer Block Development Office Sankarankovil Tenkasi District

5.The Special Tahsildar Aadhi Dravidar Welfare Department Sankarankovil, Tenkasi District 6.Ganesan S/o.Shanmugam 7.Banumathi W/o.Ulaganathan 8.Krishnammal @ Kuttithai W/o.Gurusamy 9.Ramakrishnan W/o.Kasamadan 10.Booraj S/o.Vellaisamy 11.Vijayalakshmi W/o.Sundarajan 12.Mangaladurai S/o.Ramaiah 13.Indirabavani W/o.Rathinasamy 14.Thayammal W/o.Rathinasamy 15.Krishnammal W/o.Gurusamy Respondents 6 to 15 are residing at Veerasigamani Village Sankarankovil Taluk, Tenkasi District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1st to 4th respondents to remove the encroachment made by the respondents 6 to 15 in Natham Survey No. 65/5A with an extent of 10.44.0 hectares as common pathway situated at Veerasigamani Village, Sankarankovil Taluk, Tenkasi District, on the basis of the representation dated 10.02.2025.

For Petitioner :

Mr.S.Muniyandi For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard.

2. In response to the allegation regarding inaction towards removal of encroachment allegedly made by the private respondent Nos.6 to 15, learned State Counsel, on instructions, would submit that taking cognizance of the complaint, proceedings have already been drawn and notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 were also issued. He would further submit that, out of many

encroachments, two encroachments have already been removed, whereas the remaining persons, against whom proceedings were drawn, have filed appeals, which are pending before the District Collector.

3. The steps, which have so far been taken by the official respondents, dispel any allegation that no action is being taken on the petitioner's complaint. We are satisfied that the authorities have already initiated proceedings. It is also stated that the appeal is pending before the District Collector. Depending upon the result of the appeals, necessary action, as required under law, should be taken by the authorities expeditiously.

4. The petition is, accordingly, disposed of. There shall be no order as to costs.

[MANINDRA MOHAN SHRIVASTAVA, C.J.] [R.POORNIMA, J.] 14.10.2025 NCC : Yes / No Index : Yes / No krk

To:

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil Taluk, Tenkasi District.

3.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

4.The Block Development Officer, Block Development Office, Sankarankovil, Tenkasi District.

5.The Special Tahsildar, Aadhi Dravidar Welfare Department, Sankarankovil, Tenkasi District.

THE HON'BLE CHIEF JUSTICE and R.POORNIMA, J.

krk 14.10.2025