B.Ezhumalai Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove the illegal encroachments made by the respondents 5 to 8 on stream (Government Land) comprised in Survey Nos.254/6 and 256/1, situated at, Olakkur Melpathi Village & Post, Tindivanam Taluk, Villupuram District and to restore the stream to its original shape and condition, within a time frame.

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For petitioner Mr. J. Agni Selvaraju For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader

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For R4 Mr. P. Gurunathan Addl. Govt. Pleader

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ORDER

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[made by M.SUNDAR, J.]

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Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'a stream in S.Nos.254/6 and 256/1 in Olakkur Melpathi Village and Post, Tindivanam Taluk, Villupuram District' (hereinafter 'said lands' for the sake of convenience and clarity).

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Page Nos.2/6

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

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W.P.No.18576 of 2025

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Request for removal of aforereferred alleged encroachments by way of as many as four representations dated 29.07.2019, 07.09.2019, 25.11.2019 and 12.02.2025 has not yielded

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results and that has necessitated captioned WP, is the submission of Mr. J. Agni Selvaraju, learned counsel on record for writ petitioner.

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Issue notice to official respondents (RR 1 to 4).

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Mr. T.K. Saravanan, learned Additional Government

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Pleader, accepts notice for RR 1 to 3 and Mr. P. Gurunathan, learned Additional Government Pleader, accepts notice for R4. Learned State counsel submit that survey of said lands will be done within a period of four weeks from today, i.e., on or before 01.07.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) or any other appropriate / applicable statute, as expeditiously as the business of official respondents would permit but in any event within a period of four weeks therefrom, i.e. , on or before 29.07.2025. This submission is recorded.

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Page Nos.3/6

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

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W.P.No.18576 of 2025

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Though obvious, we make it clear that all the rights and

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contentions of RR 5 to 8 (private respondents) stand preserved and this order does not impinge upon their rights. Therefore, there is no impediment in dispensing with notice to RR 5 to 8 and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so.

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