Dr.T. Selvaraj Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

Dr.T. Selvaraj Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of by recording the learned State counsel's undertaking that survey of the said land will be done after notice to all concerned within eight weeks (on or before 22.09.2025) and that, depending on the survey outcome, action for removal of encroachment, if found, will be commenced under the Tamil Nadu Land Encroachment Act, 1905 as expeditiously as possible and in any event within a further eight weeks (on or before 17.11.2025); no order as to costs.

Issue for consideration

Whether respondents 1 and 3 should be directed, by writ of mandamus, to dispose of the petitioner's representation dated 25.04.2025 concerning alleged encroachment by R4, his son Anbazhagan and ex-Panchayat President Arivazhagan on the land at Agarahara Street, Thiruvelvikudi, Kutthalam Taluk, Mayiladuthurai District.

Court's answer

The Court disposed of the captioned writ petition in the manner stated, i.e., by recording the position stated by learned State counsel, and ordered that there shall be no order as to costs.

Ratio / Principle

The Court recorded the submission of learned State counsel that survey of the said land will be done, after putting all concerned on notice and in their presence, within eight weeks i.e., on or before 22.09.2025, and that, depending on the survey outcome, action for removal of encroachment, if found, will be commenced under the Tamil Nadu Land Encroachment Act, 1905 as expeditiously as business would permit but in any event on or before 17.11.2025.

Key takeaways

The Court clarified that all rights and contentions of R4 and/or any other alleged encroacher(s) stand preserved and are not impacted by this order; accordingly, notice to the private respondent was dispensed with and the writ petition was taken up with the consent of learned State counsel and learned counsel for the writ petitioner.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (M.SUNDAR and HEMANT CHANDANGOUDAR, JJ.), W.P.No.27289 of 2025, decided 28.07.2025: Dr.T.Selvaraj sought a writ of mandamus directing the District Collector and Tahsildar (Myladuthurai/Kuthalam Taluk) to dispose of his representation dated 25.04.2025 alleging encroachment by R4 P.Kalyanam, his son Anbazhagan and one Arivazhagan (ex-Panchayat President) on land at Agarahara Street, Thiruvelvikudi, Kutthalam Taluk, Mayiladuthurai District. With notice to the private respondent dispensed with and consent of counsel, the Court disposed of the writ petition by recording the State counsel's submission that a survey would be conducted after notice to all concerned within eight weeks (on or before 22.09.2025) and that, depending on its outcome, removal of any encroachment found would proceed under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) expeditiously and in any event on or before 17.11.2025. The rights and contentions of the alleged encroachers were expressly preserved. No order as to costs.

W.P.No.27289 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and

THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR

W.P.No.27289 of 2025

Dr.T.Selvaraj

Petitioner

vs.

1. The District Collector Myladuthurai

The Revenue Divisional Officer Myladuthurai District

The Tahsildar Office of the Kuthalam Taluk Myladuthurai District

4. P.Kalyanam Respondents

Writ Petition filed under Article 226 of the Constitution of India

praying to issue a writ of mandamus to direct respondents 1 and 3 to dispose of the petitioner's representation dated 25.04.2025.

For petitioner Mr. S.Illamvaludhi

For RR 1 to 3 Mr. T.K. Saravanan Additional Government Pleader

For R4 Notice dispensed with

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W.P.No.27289 of 2025

ORDER

[made by M.SUNDAR, J.]

Subject matter of captioned 'writ petition' [hereinafter 'WP' for

the sake of brevity] is alleged encroachment in 'Agarahara Street, Thiruvelvikudi, Kutthalam Taluk, Mayiladuthurai District' (hereinafter 'said land' for the sake of convenience and clarity) by R4, his son Anbazhagan and one Arivazhagan, ex Panchayat President.

Request for removal of aforereferred alleged encroachment

by way of a representation dated 25.04.2025 has not yielded results and that has necessitated captioned WP, is the submission of Mr.S.Illamvaludhi, learned counsel on record for writ petitioner.

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

Mr. T.K. Saravanan, learned Additional Government

Pleader, accepts notice for official respondents. Learned State counsel submits that survey of said land will be done, after putting all concerned on notice and in their presence, within a period of eight weeks from today, i.e., on or before 22.09.2025, and depending on the outcome of the survey, action for removal of encroachment (if found)

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W.P.No.27289 of 2025

will be commenced vide the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) as expeditiously as the business of official respondents would permit but in any event within a period of eight weeks therefrom, i.e. , on or before 17.11.2025. This submission is recorded.

Though obvious, we make it clear that all the rights and contentions of R4 and/or any other alleged encroacher(s) stand preserved and this order does not impact or impinge or touch upon their rights. Therefore, there is no impediment in dispensing with notice to private respondent and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so.

In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, i.e. b y recording the stated position of learned State counsel. There shall be no order as to costs.

cad

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W.P.No.27289 of 2025

M.SUNDAR, J.

and

HEMANT CHANDANGOUDAR, J.

cad

To

The District Collector Myladuthurai

The Revenue Divisional Officer Myladuthurai District

The Tahsildar Office of the Kuthalam Taluk Myladuthurai District

W.P.No.27289 of 2025

28.07.2025

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