C.Elumalai Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to remove the encroachments in the public street in S.F.Nos.155/31 (0.00.07 sq. meter) and 155/32 (0.01.11 sq. meter), Ka. Alambalam Village, Sankarapuram Taluk, Kallakurichi District, by considering the petitioner's representation dated 19.12.2024.

¶20

For petitioner Mr. N. Manokaran For respondents Mr. T.K. Saravanan Addl. Government Pleader

¶21

ORDER

¶22

[made by K. THILAKAVADI GOVINDARAJAN, J.]

¶23

This writ petition has been filed seeking a writ of mandamus directing the respondents to remove the encroachments in the public street in S.F.Nos.155/31 and 155/32 in Ka.Alambalam Village, Sankarapuram Taluk, Kallakurichi District (for brevity “the said lands”) by considering the petitioner's representation dated 19.12.2024.

¶24

The learned counsel for the petitioner submits that the petitioner owns a house in S.F.No.156/16 in Ka. Alambalam Village,

¶25

Page Nos.2/6

¶26

https://www.mhc.tn.gov.in/judis

¶27

W.P. No.13104 of 2025

¶28

Sankarapuram Taluk, Kallakurichi District; to reach his house, the petitioner has to use the said lands; while so, the residents on either side of the public street, have encroached on the said lands resulting in the reduction of the width of the public street from 3.8 metres to 1 meter; since the petitioner's representation dated 19.12.2024 to the authorities concerned seeking removal of encroachments has not evoked any response, the instant writ petition has been filed seeking the aforesaid relief.

¶29

Issue notice to the respondents.

¶30

Mr. T.K. Saravanan, learned Additional Government

¶31

Pleader, accepts notice for all the respondents and submits, on instructions, that on 12.04.2025, inspection of said lands was done and it was found that two persons, viz ., Muniyan, son of Karuppan and Mayavan, son of Semmandi, have encroached on the said lands. Learned State counsel further submitted that conduct of a survey is on the anvil and on survey, if encroachments by the said two persons and/or any other person(s) are found, action will be initiated under Section 131(2) of the Tamil Nadu Panchayats Act, 1994.

¶32

Page Nos.3/6

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P. No.13104 of 2025

¶35

In view of the above stated position of the learned State

¶36

counsel, it is directed that survey of the said lands shall be conducted within two weeks from today i.e. on or before 29.04.2025 and on survey, if encroachments are found on the said lands by the aforesaid two individuals and/or any other person/s, action shall be commenced under the appropriate statute within a period of four weeks thereafter, i.e., on or before 27.05.2025, of course, after putting on notice the alleged encroachers.

¶37