R.Ramachandiran 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 take immediate action for removal of encroachments made by respondents 5 to 14 in Survey Nos.71, 73, 113/3 and 111/6, Panaiyanthur Village, Thittakudi Taluk, Cuddalore District, based on the petitioner's representation dated 19.08.2025 within a time frame.

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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

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the sake of brevity] is alleged encroachments in 'Survey Nos.71 and 73 (odai poramboke), 113/3 (vaari poramboke) and 111/6 (tharisu poramboke)' [hereinafter collectively referred to as 'said properties' for the sake of convenience and clarity].

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Request for removal of aforereferred alleged encroachments by way of representation dated 19.08.2025 has not yielded results and that has necessitated captioned WP, is the submission of learned counsel for writ petitioner.

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

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W.P. No.34041 of 2025

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

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Mr. T.K. Saravanan, learned Additional Government

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Pleader, accepts notice for respondents 1 to 4. Learned State counsel submits that survey of said properties will be done within a period of eight weeks from today, i.e., on or before 06.11.2025, after putting all concerned on notice and in their presence, and depending on the outcome of the survey, action for removal of encroachments (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 eight weeks therefrom, i.e. , on or before 01.01.2026. This submission is recorded.

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Though obvious, we make it clear that all the rights and contentions of private respondents (respondents 5 to 14) stand preserved and this order does not impinge upon their rights. Therefore, there is no impediment in dispensing with notice to private respondents (respondents 5 to 14) and taking up the captioned WP with the consent of learned State counsel and learned counsel for writ petitioner. We do so.

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

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W.P. No.34041 of 2025

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6. In the light of the narrative thus far, captioned WP is

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disposed of in the aforesaid manner, recording the stated position of

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learned State counsel. There shall be no order as to costs.