P.Vaithiyanathan Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

P.Vaithiyanathan Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ of mandamus effectively granted: the third respondent (Tahsildar, Kumbakonam Taluk) is to issue notices to all encroachers, give them due opportunity, and after a proper enquiry adhering to due process of law clear all encroachments (including those in the channel leading to the tank in S.No.133/5) within four months from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing the respondents to remove the encroachment allegedly made by K.Kannan in the Government Promboke Kulam (“tank”) in S.No.133/5, Vilathandam Village, Sholapuram Town Panchayat, Kumbakonam Taluk, Thanjavur District, in consideration of the petitioner's representation dated 03.05.2025. +1 more

Court's answer

The third respondent is directed to issue notices to all the encroachers, who shall be given due opportunity.

Ratio / Principle

Considering the nature of relief to be granted, issuance of notice to the fifth respondent was dispensed with.

Key takeaways

All the encroachments shall be cleared after holding a proper enquiry and adhering to due process of law.ratio¶33
The entire exercise of clearing the encroachments shall be completed within a period of four months from the date of receipt of a copy of the order.ratio¶33

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India by P.Vaithiyanathan, a resident of Vilandhakandam Village, seeking removal of the encroachment alleged to have been made by K.Kannan, S/o Kaliyaperumal, in the Government Promboke Kulam (“tank”) in S.No.133/5, Vilathandam Village, Sholapuram Town Panchayat, Kumbakonam Taluk, Thanjavur District, in pursuance of his representation dated 03.05.2025. When the matter was heard, the learned Special Government Pleader confirmed that S.No.133/5 is a “tank” with no encroachments within it, but that encroachments exist in the channel leading to the tank, and undertook on instructions from the Tahsildar, Kumbakonam to remove them. The Bench (G.R.Swaminathan and B.Pugalendhi, JJ.), dispensing with notice to the fifth respondent, directed the third respondent to issue notices to all encroachers, give them due opportunity, and after a proper enquiry conducted in adherence to due process of law clear all the encroachments, completing the exercise within four months from receipt of a copy of the order. Writ petition allowed; no order as to costs.

W.P(MD)No.15697 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.15697 of 2025

P.Vaithiyanathan

... Petitioner

Vs.

1.The District Collector,

Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer,

Thanjavur District, Thanjavur.

3.The Tahsildar, Kumbakonam Taluk, Thanjavur District.

4.The Block Development Officer, Sholapuram Town Panchayat, Kumbakonam Taluk, Thanjavur District.

5.K.Kannan

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachment

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W.P(MD)No.15697 of 2025

made by one Kannan, S/o Kaliyaperumal in Government Promboke Kulam in S.No.133/5, situated at Vilathandam Village, Sholapuram Town Panchayat, Kumbakonam Taluk, Thanjavur District, by considering the petitioner's representation dated 03.05.2025.

For Petitioner : Ms.S.Prabha For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.3

Mr.R.Suresh Kumar Additional Government Pleader for R.4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned Additional Government Pleader appearing for the fourth respondent. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with.

2.The petitioner is a resident of Vilandhakandam Village. He alleges

that in Survey No.133/5 which has been classified as a “tank” there are encroachments. Seeking the removal, this Writ Petition came to be filed.

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W.P(MD)No.15697 of 2025

3.When the matter was taken up for hearing, the learned Special Government Pleader confirmed that Survey No.133/5 is “tank” but there are no encroachments in the tank. He submitted that there are encroachments in the channel leading to the tank. He undertook on instructions from the Tahsildar, Kumbakonam that all the encroachments in the leading channels will also be removed.

4.We direct the third respondent to issue notices to all the encroachers. They shall be given due opportunity. After holding a proper enquiry and adhering to due process of law, all the encroachments shall be cleared. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5.This Writ Petition is allowed accordingly. There shall be no order

as to costs.

[G.R.S., J.] [B.P., J.] 12.06.2025

NCC : Yes / No Internet : Yes / No Index : Yes / No MGA

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W.P(MD)No.15697 of 2025

G.R.SWAMINATHAN, J

and

B.PUGALENDHI, J.

MGA

To

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur District, Thanjavur.

W.P(MD)No.15697 of 2025

3.The Tahsildar, Kumbakonam Taluk, Thanjavur District.

4.The Block Development Officer, Sholapuram Town Panchayat, Kumbakonam Taluk, Thanjavur District.

12.06.2025

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