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S.Ramachandran v. the District Collector

Madras HC14 Nov 2025WP/4017/2024

Case brief

AI extract

What is this about?

Madras High Court disposal of writ petition seeking mandamus for removal of lake/waterbody encroachments: Survey No.393 Omakulam Lake (respondents 5 to 36) and Survey No.623/9 Tholar Village, Tittakudi Taluk, Cuddalore District (respondents 37 to 45); petitioner's representation dated 31.10.2023; Tahsildar notice dated 10.11.2025 under Section 7 Tamil Nadu Land Encroachment Act, 1905; three-month timeline to conclude proceedings; removal of encroachers forthwith; police assistance against resistance; no costs.

What did the court decide?

Direction to respondents 1 to 4 to conclude the encroachment proceedings within three months, remove persons found to be encroachers forthwith, and take police assistance if resistance is offered; petition disposed of with no order as to costs. ¶43

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 4 should act on the petitioner's representation dated 31.10.2023 and remove the encroachments made in Survey No.393 in Omakulam Lake by respondents 5 to 36 and in Survey No.623/9 at Tholar Village, Tittakudi Taluk, Cuddalore District by respondents 37 to 45.

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Court's answer

The Court disposed of the writ petition rather than keeping it pending, directing that the encroachment proceedings be concluded one way or the other within a period of three months.

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Ratio / Principle

Persons found to be encroachers upon the survey shall have to be removed forthwith, and if any resistance is offered, the authorities shall not hesitate to take the assistance of the police force.

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Detailed headnote1 paragraphs

Writ Petition (WP No.4017 of 2024, High Court of Judicature at Madras, disposed of 14.11.2025 by Manindra Mohan Shrivastava, CJ., and G.Arul Murugan, J.; order by the Chief Justice). S.Ramachandran sought a mandamus under Article 226 directing the District Collector, Revenue Divisional Officer, Tahsildar and Block Development Officer to remove encroachments in Survey No.393 of Omakulam Lake (respondents 5 to 36) and Survey No.623/9 at Tholar Village, Tittakudi Taluk, Cuddalore District (respondents 37 to 45), pursuant to his representation dated 31.10.2023. The State reported delay owing to encroachers' resistance, and notice had been issued by the Tahsildar under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 10.11.2025. The Court declined to keep the petition pending and disposed of it, directing that the proceedings be concluded one way or the other within three months, that persons found to be encroachers be removed forthwith, and that police assistance be taken if resistance is offered; no costs.

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WP No.4017 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.11.2025

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CORAM

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THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

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WP No.4017 of 2024

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S.Ramachandran : Petitioner

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versus

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1.The District Collector, Cuddalore District

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2.The Revenue Divisional Officer, Virudhachalam, Cuddalore District

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3.The Tahsildar, Tittakudi Taluk, Cuddalore District

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4.The Block Development Officer, Nallur Union, Tittakudi Taluk

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5.Dharmalingam

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6.Maruthambal

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7.Amudha

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8.Thangaraj

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9.Shankar

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10.Palanivel

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11.Poomalai

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12.Pandian

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13.Lenin

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14.Minalkodi

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15.Dhanavel

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16.Annapoorani

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17.Rani

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18.Jeyaraman

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Page 1 of 4

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

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WP No.4017 of 2024

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19.Vasuki 20.Sivagangai 21.Vijaya 22.Selvammal 23.Lakshmi 24.Anitha 25.Satyaraj 26.Pomalai 27.Selvaraj 28.Selvammal 29.Mallika 30.Amudha 31.Kalarani 32.Amsavali 33.Kamala 34.Banumathi 35.Ezhilarasi 36.Kalyanasundram 37.Ravi 38.Pandian 39.Balathandayutham 40.Karupusamy 41.Palaniammal 42.Murugan 43.Kumar 44.Kasiammal 45.Rajendran : Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachments made in Survey No.393 in Omakulam Lake by respondents 5 to 36 and to remove the encroachment in the Survey No.623/9 by respondents 37 to 45 situated at Tholar Village, Tittakudi Taluk, Cuddalore District on considering petitioner's representation dated 31.10.2023.

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For Petitioner : Mr.A.Kumar For Respondents : Mr.K.Karthik Jagannath, Government Advocate for respondents 1 to 4

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Page 2 of 4

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

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WP No.4017 of 2024

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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In response to the allegation of encroachment, it is submitted

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that though there was some delay, occasioned mainly due to the resistance offered by the encroachers, proceedings could not be expeditiously concluded; but now, the Tahsildar has been given information by the Block Development Officer to initiate proceedings, leading to issuance of notice by the Tahsildar under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, on 10.11.2025.

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We are, at this stage, not inclined to keep this petition pending; but to dispose it of with a direction that the proceedings should be concluded one way or the other, within a period of three months. Those who are found to be encroachers upon survey, shall have to be removed forthwith. If any resistance is offered, the authorities shall not hesitate to take the assistance of the police force.

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