M.Senthilkumar Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

M.Senthilkumar Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Captioned WP disposed of by recording the learned State counsel's stated position: R3 will survey the said lands on or before 31.03.2025 after notifying all concerned including the writ petitioner; if any encroachments come to light, action will be initiated under the appropriate/applicable Statute, with private respondents (R5 and R6)/any other encroacher being show-caused and their rights and contentions preserved. No order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 3 to remove the alleged encroachment over the public pathway in Survey Nos. 31, 126-3, 4, 5, 6, 129-5 & 129-9 at Kottagoundampatti Village, Omalur Taluk, Salem District. +1 more

Court's answer

As initiation of proceedings under the appropriate/applicable Statute necessarily means that the private respondents (R5 and R6) and/or any other encroacher shall be show-caused, the Court made it clear that all the rights and contentions of the private respondents (R5 and R6) and/or any other person who may be show-caused qua the said lands post survey are preserved for making a suitable response.

Ratio / Principle

Since the writ petitioner's prayer is inter alia with regard to the entire S.No.31, it was necessary that a survey be done by R2 to ascertain if there is any encroachment in the public pathway and, if that be so, to initiate action in accordance with law thereafter.

Key takeaways

The Court recorded the learned State counsel's stated position that a survey of the said lands will be conducted by R3 as expeditiously as the business of R3 permits and in any event in eight weeks from the date of order, i.e., on or before 31.03.2025, after notifying all concerned including the writ petitioner.ratio¶58-59
Considering the nature of the matter, its facts and circumstances, and the narrow scope of the main WP, the Court deemed it appropriate to dispose of the captioned main WP merely by recording the stated position of the learned State counsel, and did so.ratio¶78-80

Detailed headnote1 paragraphs

High Court of Judicature at Madras, W.P.No.3082 of 2025 (M. Sundar J. with K. Govindarajan Thilakavadi J.), order dated 03.02.2025. Writ petition under Article 226 by M. Senthilkumar seeking a mandamus to respondents 1-3 (District Collector, Salem; Tahsildar, Omalur Taluk; Block Development Officer, Omalur) to remove the alleged encroachment over a public pathway in S.Nos. 31, 126-3, 4, 5, 6, 129-5 & 129-9 ('said lands') at Kottagoundampatti Village, Omalur Taluk, Salem District, attributed to respondents 5 and 6. The State counsel submitted the said lands are patta lands and drew attention to the 'A' Register qua S.No.126, but the Court observed that S.No.31/part is shown as 'jhh ; rhiy (Tar Road)'. Because the prayer covered the entire S.No.31, the Court held it necessary that a survey be done by R2 to ascertain any encroachment in the public pathway and, if found, to initiate action in accordance with law. Recording the State counsel's position that R3 would conduct the survey as expeditiously as possible and in any event on or before 31.03.2025 (eight weeks) after notifying all concerned including the petitioner, and that any encroacher coming to light (including private respondents R5 and R6, who would be show-caused and whose rights and contentions were expressly preserved) would be dealt with under the appropriate/applicable Statute, the Court took up the main WP at the Admission Board stage with the consent of counsel and disposed of it by recording the stated position, with no order as to costs.

W.P.No.3082 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025

Coram

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

W.P.No.3082 of 2025

M.Senthilkumar

S/o.Mathivanan .. Petitioner

vs

The District Collector

Salem

Salem District

The Tahsildar Omalur Taluk Salem District

The Block Development Officer (Village Panchayat)

Omalur

Omalur Taluk, Salem District

The Revenue Inspector

Karuppur Omalur Taluk Salem District

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W.P.No.3082 of 2025

5. Sitheswaran

S/o.Avinasipandaram

.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing respondents 1 to 3 to remove the encroachment over public pathway in Survey No.31, 1263, 4, 5, 6, 129-5 & 129-9 made by respondents 5 and 6 at Kottagoundampatti Village, Omalur Taluk, Salem District.

For Petitioner : Ms.D.Sahithya For Respondents : Mr.T.K.Saravanan Govt. Advocate for R1 to R4

O R D E R

( Order of the Court was made by M.SUNDAR, J. )

Captioned main 'Writ Petition' ['WP' for the sake of brevity] has

been filed with a mandamus prayer i.e., a direction to R1 to R3 to remove

alleged encroachment in 'S.Nos. 31, 126-3, 4, 5, 6, 129-5 & 129-9 in

Kottagoundampatti Village, Omalur Taluk, Salem District' [hereinafter

'said lands' for the sake of convenience].

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W.P.No.3082 of 2025

2. Ms.D.Sahithya, learned counsel for writ petitioner submits that

there is encroachment in public pathway in said lands and repeated

request to the official respondents are in vain and that has necessitated

the captioned main WP.

3. Issue notice to official respondents.

4. Mr.T.K.Saravanan, learned Government Advocate accepts

notice for R1 to R4 and submits, on instructions, that said lands are patta

lands. Learned State counsel draws our attention to relevant part of 'A'

Register qua S.No.126. However, we find that S.No.31/part has been

shown as 'jhh ; rhiy (Tar Road)'.

5. Be that as it may, the prayer of the writ petitioner is inter alia

with regard to entire S.No.31. Therefore, it is necessary that a survey is

done by R2 to ascertain if there is any encroachment in public pathway

and if that be so, initiate action in accordance with law thereafter.

Learned State counsel submits that a survey of said lands will be

conducted by R3 as expeditiously as the business of R3 permits but in

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W.P.No.3082 of 2025

any event in eight weeks from today i.e., on or before 31.03.2025 after

notifying all concerned including the writ petitioner.

6. Learned State counsel submits that in the survey, if any

encroachments come to light, action will be initiated under the appropriate/applicable Statute. Initiation of proceedings under

appropriate/applicable Statute necessarily means that private respondents

(R5 and R6) and/or any other encroacher shall be show-caused. We

make it clear that all the rights and contentions of private respondents

(R5 and R6) and/or any other person, who may be show-caused qua said

lands post survey, are preserved for making a suitable response.

Likewise, as already alluded to supra, all concerned will be notified

before survey. This means that rights and contentions of private

respondents are preserved and it further means that there is no

impediment in taking up the main WP. Therefore, considering the

narrow scope of the main WP, main WP was taken up in the Admission

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W.P.No.3082 of 2025

Board with the consent of learned State counsel and learned counsel for

writ petitioner.

7. Considering the nature of the matter and facts and circumstances

of the case, we deem it appropriate to write that it will suffice to dispose

of the captioned main WP by recording the stated position of the learned

State counsel. We do so.

Ergo, the sequitur is, captioned WP disposed of recording the

stated position of learned State counsel. There shall be no order as to

costs.

[M.S., J] [K.G.T., J] 03.02.2025

Index: Yes/No

Speaking order / Non-speaking order gpa

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W.P.No.3082 of 2025

M.SUNDAR,J.,

and K.GOVINDARAJAN THILAKAVADI, J.,

gpa

The District Collector Salem Salem District

The Tahsildar Omalur Taluk Salem District

The Block Development Officer (Village Panchayat) Omalur Omalur Taluk, Salem District

W.P.No.3082 of 2025

The Revenue Inspector Karuppur Omalur Taluk Salem District

03.02.2025

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