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Chinnasamy v. The District Collector / The Chairperson

Mandamus – encroachment removal

Madras HC25 Apr 2025WP(MD)/12002/2025

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Case brief

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What is this about?

W.P.(MD)No.12002 of 2025; Madras High Court Madurai Bench; J. Nisha Banu; S. Srimathy; Writ of Mandamus; Article 226; encroachment removal; Survey No. 245/15B; Perampathoor Village; Sankarankovil Taluk; Tenkasi District; representation dated 20.02.2025; Tahsildar; District Collector; disposal with direction; twelve weeks timeline; opportunity of hearing; no costs.

What did the court decide?

Direction to the second respondent (Tahsildar, Sankarankovil Taluk) to consider the petitioner's representation dated 20.02.2025 after giving an opportunity of hearing to the petitioner and to respondents 4 and 5, and to pass appropriate orders on merits and in accordance with law within twelve [12] weeks from receipt of a copy of the order; no costs; notice to respondents 4 and 5 dispensed with. ¶36

Chinnasamy Vs The District Collector / The Chairperson — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the official respondents would consider the petitioner's representation dated 20.02.2025 seeking removal of the encroachment made by respondents 4 and 5 in Survey No. 245/15B, Perampathoor Village, Sankarankovil Taluk, Tenkasi District, which had remained unconsidered.

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Court's answer

The Writ Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 20.02.2025.

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Ratio / Principle

The consideration shall be by giving an opportunity of hearing to the petitioner as well as respondents 4 and 5, and the second respondent shall pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of the order.

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Key takeaways

In disposing of the petition, the Court expressed no opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition; costs were not imposed.ratio¶36

Detailed headnote1 paragraphs

Mandamus - encroachment removal - Survey No. 245/15B, Perampathoor Village, Sankarankovil Taluk, Tenkasi District - petitioner's representation dated 20.02.2025 seeking removal of encroachment alleged to have been made by respondents 4 and 5 not considered - writ petition under Article 226 of the Constitution of India taken up for admission by consent; notices served on respondents 1 to 3, notice to respondents 4 and 5 dispensed with - Government Pleader undertook that representations would be considered - without expressing any opinion on the merits of the claim in the representation or the supporting affidavit, writ petition disposed of with a direction to the second respondent (Tahsildar) to consider the representation dated 20.02.2025 after affording opportunity of hearing to the petitioner and respondents 4 and 5 and to pass appropriate orders on merits and in accordance with law within twelve [12] weeks from receipt of a copy of the order - no costs.

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W.P.(MD)No.12002 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 25.04.2025

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CORAM:

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THE HON'BLE MRS JUSTICE J. NISHA BANU

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AND

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THE HON'BLE MRS JUSTICE S.SRIMATHY

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W.P.(MD)No.12002 of 2025

Chinnsamy

...Petitioner

-Vs-

1.The District Collector / The Chairperson, High Level Monitoring Committee, Tenkasi, Tenkasi District.

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2.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

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3.The Sub Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.

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4.Paapa

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5.Saara ...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4th and 5th respondents in Survey No. 245/15B in Perampathoor Village,

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

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W.P.(MD)No.12002 of 2025

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Sankarankovil Taluk, Tenkasi District based on the representation dated on 20.02.2025

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For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.P.Thilak Kumar Government Pleader For R3 : Mr.A.Albert James Government Advocate (Cr.side)

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ORDER

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(Order of the Court was made by J.NISHA BANU, J.)

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By consent, this writ petition is taken up for admission at the

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admission stage itself.

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2.Mr.P.Thilak Kumar, learned Government Pleader, takes

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notice for the respondents 1 and 2 and Mr.A.Albert James, learned Government Advocate (Crl.side) takes notice for the third respondent. Considering the nature of the order proposed to be passed in this writ

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petition, notice to the respondents 4 and 5 is dispensed with.

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3.The grievance of the petitioner is that his representation

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dated 20.02.2025 seeking to remove the encroachment made in the petition mentioned property, has not been considered so far. Therefore, he has filed this Writ Petition.

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

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W.P.(MD)No.12002 of 2025

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4.The learned Government Pleader appearing on behalf of the official respondents submits that the representations of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court.

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5.Co nsidering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 20.02.2025 by giving an opportunity of hearing to the petitioner as well as the respondents 4 and 5 and pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. No costs.

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(J.N.B.,J.) (S.S.Y.,J.) 25.04.2025

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Index:Yes/No Internet: Yes/No ta

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

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W.P.(MD)No.12002 of 2025

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