Kalaiselvam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Kalaiselvam ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Virudhunagar District.
2.The Revenue Divisional Officer, The Revenue Divisional Office, Aruppukottai, Virudhunagar District.
3.The Tahsildar, Tiruchuli, Virudhunagar District.
4.The Block Development Officer, Narikudi, Tiruchuli, Virudhunagar District.
5.The Village Administrative Officer, Seathupuram Village, Tiruchuli, Virudhunagar District.
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6. Ganesan ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent Nos.1 to 3 to remove encroachment by the respondent No.6 relating to the Natham Government land in Survey Nos.248/9 and 248/10 situated at Seathupuram Village, Tiruchuli Taluk, Virudhunagar District in accordance with law within the time stipulated by this Court. For Petitioner : Mr.AV.Saha for Mr.P.Prabhakar Pandian For Respondents : Mr.M.Sarangan (R1 to 3 & R5) Additional Government Pleader : Mr.J.Ashok (R4) Additional Government Pleader for Mr.D.Sadiq Raja Additional Government Pleader
ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner seeks a Mandamus directing official respondents to remove the encroachment stated to have been made by R6 on Natham land in Survey Nos.248/9 and 248/10 situated at Seathupuram Village, Tiruchuli Taluk, Virudhunagar District ('land in question') 2/5
2.Mr.Sarangan, learned Additional Government Pleader, accepts notice for respondents 1 to 3 & 5, has obtained written instructions in advance to enable us to dispose this Writ Petition even at the stage of admission.
3.Hence, by consent, this order is passed disposing the Writ Petition even at the stage of admission and based on the instructions of Mr.Sarangan.
4.He states that a survey has been undertaken, that encroachment by R6 has been established and that necessary action is being contemplated. He further states that though notice was issued to both petitioner and R6 prior to the conduct of survey on 14.08.2025, only the petitioner appeared. R6 though he had received the notice did not choose to appear for the survey. Hence, survey was conducted in his absence. We emphasise that further proceedings must be taken in accordance with law, after service of notice on R6 in order to ensure that the principles of natural justice are adhered to. Let further action be taken and concluded in accordance with law and principles of natural justice within a period of 12 weeks from today.
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5.In light of the aforesaid directions, no notice is issued to R6 in these proceedings.
6.This Writ Petition is disposed. No costs.
[A.S.M.J.,] & [C.K.J.,] 26.11.2025 NCC :Yes/No Index :Yes/No ps To 1.The District Collector, Office of the District Collector, Virudhunagar District.
2.The Revenue Divisional Officer, The Revenue Divisional Office, Aruppukottai, Virudhunagar District.
3.The Tahsildar, Tiruchuli, Virudhunagar District.
4.The Block Development Officer, Narikudi, Tiruchuli, Virudhunagar District.
5.The Village Administrative Officer, Seathupuram Village, Tiruchuli, Virudhunagar District.
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DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
ps 26.11.2025 5/5