S.Muniyandi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM:

THE HONOURABLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE and THE HONOURABLE MS.JUSTICE R.POORNIMA S.Muniyandi S/o.Shanmugam Middle Street Kappikulam (P.O) Ottapidaram Taluk Thoothukudi District ... Petitioner -vs1.The District Collector Thoothukudi District Thoothukudi 2.The District Revenue Officer Thoothukudi District Thoothukudi 3.The Revenue Divisional Officer Kovilpatti, Thoothukudi District 4.The Tahsildar Ottapidaram Taluk Thoothukudi District

5.The Block Development Officer Block Development Office Ottapidaram Taluk Thoothukudi District 6.Chellakani W/o.Chelliah 7.Murugesan S/o.Chelliah 8.Sendur Murugan S/o.Chelliah ... Respondents The respondents 6 to 8 are residing at Kappikulam, Ottapidaram Taluk, Thoothukudi District PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachment in Natham Survey No.11/43 admeasuring to an extent of 0.00.29 Sq Mts situate at Keelamangalam Village, Ottapidaram Taluk, Thoothukudi District, based on the petitioner's representation dated 21.07.2025.

For Petitioner :

Mr.S.Sukumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4 Mr.M.Sarangan Additional Government Pleader for R5

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] This writ petition has been filed ventilating the grievance that despite orders being passed by competent authorities from time to time on 25.07.2025, followed by another communication dated 07.08.2025, encroachment on public street is not been being removed by the 5th respondent, namely, Block Development Officer, Ottapidaram Taluk, Thoothukudi District.

2. If the order / proceedings dated 25.07.2025 and 07.08.2025 have not been assailed, it goes without saying that appropriate proceedings under the Tamil Nadu Land Encroachment Act, 1905, should be initiated at the earliest and the proceedings should be brought to its logical end, one way or the other, by passing appropriate orders in accordance with law, within an outer time limit of three months.

3. Accordingly, the 5th respondent is directed to take appropriate action expeditiously, if the private respondents have not brought to his notice any order passed by any other authority / court staying the proceedings of eviction.

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

[MANINDRA MOHAN SHRIVASTAVA, C.J.] [R.POORNIMA, J.] 13.10.2025 NCC : Yes / No Index : Yes / No krk To:

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

5.The Block Development Officer, Block Development Office, Ottapidaram Taluk, Thoothukudi District.

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

krk 13.10.2025