K.Karuppaiah v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MS.JUSTICE R. POORNIMA K.Karuppaiah ... Petitioner /Vs./

1. The District Collector, Collectorate, Madurai District.

2. The District Revenue Officer, Collectorate Campus, Madurai.

3. The Assistant Director, Village Panchayats and Panchayat Raj, Collectorate Campus, Madurai.

4. The Revenue Divisional Officer, Usilampatti, Madurai District.

5. The Tahsildar, Usilampatti Taluk, Madurai District.

6. The Block Development Officer (Village Panchayats), Chellampatti Union Office, Usilampatti Taluk, Madurai District.

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7. Jyothi ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents No.1 to 6 to consider the petitioner's representation dated 08.09.2025 and take necessary action to remove the encroachment made in Survey No.377/32, by the 7th respondent in Vikiramangalam Village, Usilampatti Taluk, Madurai District, adjoining Karuppasamy Temple and Kamatchi Amman Temple.

For Petitioner : Mr.R.Narayan Ram For Respondents : Mr.S.P.Maharajan (R1 to R6) Special Government Pleader Mr.M.Suresh (R7)

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) On 29.10.2025, we passed the following order: "Prayer is for a mandamus, directing the respondents to take action to remove the encroachment allegedly made in S.No. 377/32 in Vikiramangalam Village, Usilampatti Taluk, Madurai District, ('land in question') by R7.

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2. According to the petitioner, the land in question is owned by Karuppasamy and Kamatchi Amman Temple and therefore, the encroachment of R7 is liable to be removed.

3. Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice for the official respondents, on instructions states that survey is in the process of being conducted by R5 / Thasildar, Usilampatti Taluk, Madurai District on 06.11.2025.

4. Let the petitioner and R7 also be present at the time of conduct of survey.

5. List on 27.11.2025 to await report.

6. It is made clear that the information regarding survey may also be put up in the public domain to ensure that others interested may participate.

2.Today, a bunch of documents has been served by Mr.Maharajan, learned Special Government Pleader, who appears for the official respondents indicating that survey was conducted on 06.11.2025 as directed by the Court. The petitioner and R7 were also present at the time of survey. According to Mr.Maharjan, encroachment has been detected and necessary measures will be taken to address the same. 3.The learned counsel for R7 wishes to file counter, which we are not acceding to at present seeing as his version of the events will be considered by the official respondents as and when notice is issued to him under the Land Encroachment Act, 1905.

4.We make it clear that such notice must be issued within a 3/6

period of two weeks from today (27.11.2025). Response will be considered and matter will be carried to its logical conclusion within a period of four weeks from date of personal hearing of R7, in accordance with law.

5.With this and as the mandamus stands now achieved, this writ petition is disposed of. No costs.

[A.S.M.J.,] & [R.P.J.,] 27.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes ta To

1. The District Collector, Collectorate, Madurai District.

2. The District Revenue Officer, Collectorate Campus, Madurai.

3. The Assistant Director, Village Panchayats and Panchayat Raj, Collectorate Campus, Madurai.

4. The Revenue Divisional Officer, 4/6

Usilampatti, Madurai District.

5. The Tahsildar, Usilampatti Taluk, Madurai District.

6. The Block Development Officer (Village Panchayats), Chellampatti Union Office, Usilampatti Taluk, Madurai District.

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DR.ANITA SUMANTH, J.

AND R. POORNIMA, J.

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