Palanisamy Gounder Vs the District Collector

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 2 to remove the encroachments in the Nilaviyal Cart Track in survey No.501/15 with an extent of 0.07.5 Hec., and Survey No.500/6 with an extent of 0.11.5 Hec in

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

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W.P No. 35373 of 2025

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Kulavilakku B Village, Modakurichi Taluk, Erode District by considering the petitioners representation dated dated 13.08.2025

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For Petitioner :	Mr.J.Titus Enock
For Respondents :	Ms.M.Jayanthy Additional Government Pleader
	- For R1&R2
	R3 and R4 - Notice dispensed with

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Order

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(Order of the Court was made by R.Suresh Kumar J.)

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It is the case of the petitioner that the land at S.No.501/15 measuring an extent of 0.07.5 Hectares and Survey No.500/6 measuring extent of 0.11.5 Hectares in Kulavilakku B Village, Modakurichi Taluk, Erode District has been used by the petitioner and others for long years as cart track.

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When that being so, the respondents 3 and 4 seems to have encroached upon certain portion of the Nilaviyal Cart Track and in order to remove such encroachment, the petitioner and others have already approached the revenue authorities, who have conducted survey on 08.08.2025 with the help of Firkha Surveyor and they found that the private respondents have encroached the said cart track. Therefore, on 13.08.2025, a representation has been given by the

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

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W.P No. 35373 of 2025

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petitioner to the second respondent Tahsildar to take action to remove such encroachment by the respondents 3 and 4. So far no action had been taken and therefore the present writ petition has been filed.

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Heard the learned counsel for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader for the respondents 1 and 2. In view of the order that is going to be passed in this writ petition, notice to the respondents 3 and 4 is dispensed with.

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Learned Additional Government Pleader would submit that the representation submitted by the petitioner dated 13.08.2025 would be considered and decided on merits and in accordance with law, where, as per the earlier survey conducted by the Firkha Surveyor if any encroachment is noticed on the car track by the respondents 3 and 4, after giving notice to them under the Land Encroachment Act, 1905 necessary action to remove such encroachment would be taken within the time frame as contemplated under the provisions of the said Act.

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

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W.P No. 35373 of 2025

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Recording the said submissions made by the learned Additional

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Government Pleader, this Court is inclined to dispose of this writ petition in the following terms. The second respondent shall consider the representation dated 13.08.2025 submitted by the petitioner and after giving notice to the petitioner as well as the private respondents, suitable action shall be taken under the provisions of the Land Encroachment Act if there is any encroachment on the cart track by the respondents 3 and 4.

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