Thanadapani Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Thanadapani Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

The writ petition was disposed of on the basis of the submission recorded at admission: the Tahsildar (second respondent) to conduct a survey of Survey No.102 with notices to all interested persons including private respondents 4 and 5; any encroachment found to be removed adhering to due process of law, with due opportunity to all encroachers before coercive action; the entire exercise to be completed within four months of receipt of a copy of the order; no order as to costs. The mandamus as prayed for was not issued in terms.

Issue for consideration

Whether respondents 1 to 3 should be directed by way of a Writ of Mandamus under Article 226 to remove the encroachment alleged to have been made by respondents 4 and 5 in Survey No.102 of Koovakkapatti Village, Vedasandur Taluk, Dindigul District, which is classified as a water body.

Court's answer

On disposal of the petition (adopting the Special Government Pleader's submission recorded at admission), the second respondent/Tahsildar is to conduct a survey of Survey No.102 and notices are to be issued to all interested persons, including the private respondents (respondents 4 and 5); issuance of notice to the private respondents in the writ petition itself was dispensed with.

Ratio / Principle

If the survey indicates the existence of any encroachment in Survey No.102, the encroachment will be removed by adhering to due process of law.

Key takeaways

All encroachers will be provided due opportunity before any coercive action is taken against them.ratio¶34
The entire exercise (survey, notice and any consequential removal of encroachment) shall be completed within a period of four months from the date of receipt of a copy of the order.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), order dated 03.07.2025 (G.R.Swaminathan and B.Pugalendhi, JJ.) in W.P(MD)No.17658 of 2025 (Thanadapani v. District Collector, Dindigul District and others): Writ petition under Article 226 seeking a Writ of Mandamus to respondents 1 to 3 (District Collector; Tahsildar, Vedasandur; Block Development Officer, Vedasandur) to remove the encroachment allegedly made by private respondents 4 and 5 (Gangamani and Athaanpillai) in Survey No.102 of Koovakkapatti Village, Vedasandur Taluk, Dindigul District, classified as a water body, pursuant to the petitioner's representation dated 09.09.2024. Notice to the private respondents was dispensed with. Disposing of the petition on the Special Government Pleader's submission, the court directed that the Tahsildar will conduct a survey with notices to all interested persons including the private respondents; if the survey indicates encroachment, it will be removed adhering to due process of law, with due opportunity to all encroachers before coercive action; the entire exercise to be completed within four months of receipt of a copy of the order. No order as to costs.

W.P(MD)No.17658 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03.07.2025

CORAM

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

W.P(MD)No.17658 of 2025

Thanadapani

... Petitioner

Vs.

1.The District Collector, District Collectorate,

Dindigul District.

2.The Tahsildar,

Vedasandur Taluk Office, Dindigul District.

3.The Block Development Officer, Vedasandur, Dindigul District.

4.Gangamani

5.Athaanpillai

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove encroachment made by the respondent 4 and 5 in Survey No.102 situated in Koovakkapatti

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

W.P(MD)No.17658 of 2025

Village, Vedasandur Taluk, Dindigul District on the basis of the petitioner's representation dated 09.09.2024.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 & R.2 Mr.K.S.Sivaganesan Additional Government Pleader for R.3

ORDER

Heard the learned counsel for the petitioner, the learned SGP

appearing for the respondents 1 and 2 and the learned Additional Government

Pleader appearing for the third respondent. Issuance of notice to the private respondents is dispensed with.

2.The petitioner is a permanent resident of Koovakkapatti Village.

He alleges that Survey No.102, which is classified as a water body, there are encroachments. He wants the same to be removed.

3.When the matter was taken up for admission, the Special Government Pleader submitted that the second respondent will conduct survey.

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W.P(MD)No.17658 of 2025

Notices will be issued to all the interested persons including the private respondents herein. If the survey indicates the existence of any encroachment, the encroachment will be removed by adhering to due process of law. All the encroachers will be provided due opportunity before coercive action is taken. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 03.07.2025

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

To

1.The District Collector, District Collectorate, Dindigul District.

2.The Tahsildar, Vedasandur Taluk Office, Dindigul District.

3.The Block Development Officer, Vedasandur, Dindigul District.

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W.P(MD)No.17658 of 2025

G.R.SWAMINATHAN, J

and B.PUGALENDHI, J.

MGA

W.P(MD)No.17658 of 2025

03.07.2025

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