Writ petition sought eviction of encroachers from Grama Natham land earmarked for a Nursery School. The Tahsildar's survey identified five commercial encroachments; the court directed removal following statutory procedure.
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W.P.(MD) No.19738 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD) No.19738 of 2020
Thirupathi
... Petitioner
-vs-
6.S.V.Marimuthu ... Respondents
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W.P.(MD) No.19738 of 2020
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to evict encroachment of unauthorized occupation in public place proposed for Nursery School construction in Survey No.142/1 of Pudhu Ayakudi Revenue Village of Palani Taluk, Dindigul District, based on petitioner's representation dated 07.11.2020.
For Petitioner : Mr.K.Rachul Priyan For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R3 No appearance for R4 to R6
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The relief sought for in this writ petition is to direct the respondents to evict the encroachment of unauthorized occupation in public place proposed for Nursery School construction in Survey No.142/1 of Pudhu Ayakudi Revenue Village of Palani Taluk, Dindigul District, based on petitioner's representation dated 07.11.2020.
Page 2 of 6
W.P.(MD) No.19738 of 2020
2. Learned Government Pleader appearing for the respondents 1
to 3, relying upon the status report filed by the Tahsildar / second respondent, submitted that a survey was conducted in the subject land and
the following encroachments have been identified:
| Sl.No . |
Natham S.No. |
Encroached area Hect Ares |
Nature of Encroachment |
Name and of the Enc |
address roachers |
|---|---|---|---|---|---|
| 1 | 141/587 | 0.00.17 | Hotel | Thiru.Ravi Respondent |
the 4th |
| 2 | 141/587 | 0.00.17 | Shop | Thiru.Ganes Respondent |
an the 5th |
| 3 | 141/587 | 0.00.09 | Place of Pottery | Thiru.Marim 6thRespond |
uthu the ent |
| 4 | 141/587 | 0.00.01 | Fabric Shop | Thiru.Jageer S/o.Abdul 15th War Street, Ob Ayakudi. |
Hussain, Rahman, d, Ottar ulapuram, |
| 5 | 141/587 | 0.00.07 | Photo Studio | Thiru.Sahda S/o.Abdul 15th War Street, ob Ayakudi. |
han, Muthalif, d, Ottar ulapuram, |
3. Learned Government Pleader further submitted in the present
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W.P.(MD) No.19738 of 2020
case, the subject land is classified as “Grama Natham” and therefore, such land cannot be encroached upon and used for commercial purposes. The encroachers have constructed buildings for commercial purposes and actions are taken for removal of the same.
4. In view of the above submission, the second respondent is
directed to proceed with the enforcement action and remove the encroachments by following the procedures as contemplated under the relevant statute and rules, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No
costs.
[S.M.S., J.] [A.D.M.C., J.] 07.08.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To: 1.The District Collector,
_____________ Page 4 of 6_
W.P.(MD) No.19738 of 2020
Dindigul District, Dindigul.
Page 5 of 6
W.P.(MD) No.19738 of 2020
S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J.
krk
W.P.(MD) No.19738 of 2020
07.08.2025
_____________ Page 6 of 6_
1 issue framed by the court
Should the authorities be directed to evict encroachments on Grama Natham land proposed for a Nursery School in Survey No.142/1, Pudhu Ayakudi village?
1 provisions across 1 enactments
Thirupathi
The District Collector, Dindigul District, Dindigul
The Tahsildar, Palani Taluk Office, Palani, Dindigul District
The Block Development Officer, Palani Panchayat Union Office, Palani Taluk, Dindigul District
Ravi
Ganesan
S.M.SUBRAMANIAM
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
