S.Sivakumar Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to consider the petitioner's representation dated 15.04.2025 to take action against the encroachers.

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Page Nos.1/6

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

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W.P.No.22905 of 2025

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For petitioner Mr. J. Sudhakaran

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For RR 1 to 3 Mr. T.K. Saravanan Additional Government 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 'S.No.123 at Pennagar, Sitharkoil, Kosavapatti Post, Sankari Taluk, Salem District' (hereinafter 'said land' for the sake of convenience and clarity)

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Writ petitioner's request for removal of aforereferred alleged encroachment by way of representation dated 15.04.2025 has not yielded results and that has necessitated captioned WP, is the submission of Mr.J.Sudhakaran, learned counsel for writ petitioner.

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Issue notice to official respondents (RR 1 to 3).

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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.22905 of 2025

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Mr. T.K. Saravanan, learned Additional Government

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Pleader, accepts notice for RR 1 to 3. Learned State counsel submits that survey of said land will be done within a period of six weeks from today, i.e., on or before 07.08.2025, after putting all concerned, including private respondents on notice, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) as expeditiously as the business of official respondents would permit but in any event within a period of six weeks therefrom, i.e. , on or before 18.09.2025. This submission is recorded.

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Though obvious, we make it clear that all the rights and contentions of RR 4 and 5 stand preserved and this order does not impinge upon their rights. Therefore, there is no impediment in dispensing with notice to RR 4 and 5 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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Page Nos.3/6

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

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W.P.No.22905 of 2025

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