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

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

What the court decided

AI extract

Outcome

Mandamus sought by the petitioner stands achieved through the Section 6 Tamil Nadu Land Encroachment Act proceedings (Na.Ka.No.3890/2025A1 dated 14.10.2025); police protection directions to the Inspector of Police, Kottampatty Police Station continued until those proceedings reach a logical conclusion; writ petition closed with no costs.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 3 (District Collector, Madurai; Revenue Divisional Officer, Melur; Tahsildhar, Melur) to remove the encroachments made by respondents 4 to 7 on the temple land of Arulmigu Gnanavinayagar Kovil in Survey Nos.264/14 and 264/15B (16 cents), Kottampatty Village, Melur Taluk, Madurai District, in the light of the order in W.P.(MD)No.6933 of 2019, within a time frame. +1 more

Court's answer

Since final proceedings in Na.Ka.No.3890/2025A1 dated 14.10.2025 passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 had been circulated, nothing further survives for determination in this matter.

Ratio / Principle

The directions of adequate police protection earlier given to the impleaded Inspector of Police, Kottampatty Police Station are continued till such time the proceedings under the Land Encroachment Act are carried to a logical conclusion.

Key takeaways

Through the statutory encroachment proceedings under Section 6 of the Tamil Nadu Land Encroachment Act, the mandamus as sought for stands achieved and the writ petition is closed, with no costs awarded.ratio¶31

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court, W.P.(MD)No.21867 of 2025 (U.Rajagopal v. The District Collector, Madurai District and others) — Dr. Justice Anita Sumanth (author) with Justice C. Kumarappan, decision dated 16.10.2025. The petitioner sought a mandamus under Article 226 directing respondents 1 to 3 to remove encroachments by respondents 4 to 7 (private persons, no counsel appearing) on the temple land of Arulmigu Gnanavinayagar Kovil, Survey Nos.264/14 and 264/15B, totally 16 cents, Kottampatty Village, Melur Taluk, Madurai District, in the light of the order in W.P.(MD)No.6933 of 2019. Reading the order in continuation of the interim order dated 16.08.2025 — which recorded that several encroachments had been found, that a Show Cause Notice under Section 7 of the Tamil Nadu Land Encroachment Act was issued on 06.09.2025 granting 15 days for reply, with replies due by 22.09.2025 and hearing of the encroachers to follow — the Additional Government Pleader Mr.J.Ashok circulated proceedings in Na.Ka.No.3890/2025A1 dated 14.10.2025 passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The court held that nothing further survived for determination; it continued the earlier directions (order dated 01.09.2025, under which the Inspector of Police, Kottampatty Police Station was impleaded as R8) providing adequate police protection till the Land Encroachment Act proceedings were carried to a logical conclusion; declared that the mandamus as sought for stood achieved; and closed the writ petition with no costs.

W.P.(MD)No.21867 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.(MD)No.21867 of 2025

U.Rajagopal

... Petitioner

Vs.

1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Melur at Y.Othakkadai, Madurai District, Madurai. 3.The Tahsildhar, O/o.The Tahsildar, Melur - 625 106, Madurai District. 4.Navaneethan 5.Beer Mohamed 6.Ramesh 7.Savithiri 8.The Inspector of Police, Kottampatty Police Station, Melur Taluk, Madurai District. ... Respondents (R8 is suo motu impleaded vide order of this Court 16.10.2025 in W.P.(MD)No.21867 of 2025)

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W.P.(MD)No.21867 of 2025

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 7 in the temple land belonging to Arulmigu Gnanavinayagar Kovil comprised in Survey Nos.264/14 and 264/15B, totally measuring 16 cents at Kottampatty Village, Melur Taluk, Madurai District in the light of the order passed by this Court in W.P.(MD)No.6933 of 2019 within the time frame.

For Petitioner : Mr.Belco S.Meltiue For Respondents : Mr.S.P.Maharajan (R1 to R3) Special Government Pleader Mr.P.Kottaichamy (R8) Government Advocate (impleaded party) No appearance for R4 to R7

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.)

Read this order in conjunction with and in continuation of

order dated 16.08.2025 reading as follows:

“ 2. Mr.S.P.Maharajan, learned Special Government Pleader for R1 to R3 files a communication from the Tahsildar, Melur, which is dated 06.09.2025.

3. Several encroachments as alleged by the petitioner have been found. Show Cause Notice under Section 7 of the Tamil Nadu Land Encroachment Act is stated to have been issued on 06.09.2025, granting 15 days for reply.

4. Replies hence, ought to be filed by 22.09.2025, after which encroachers have to be heard and appropriate orders will be passed.

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W.P.(MD)No.21867 of 2025

5. Since notices have been issued to R4 to R7 and others as well, this Court does not deem it necessary to direct issuance of notice to the private respondents, at least, at this stage.

6. List on 16.10.2025.”

2.Mr.J.Ashok, learned Additional Government Pleader

circulates a copy of proceedings in Na.Ka.No.3890/2025A1, dated 14.10.2025 passed under Section 6 of the Tamil Nadu Land

Encroachment Act, 1905. Hence, nothing further survives for determination in this matter. We have under order dated 01.09.2025 impleaded the Inspector of Police, Kottampatty Police Station, Melur Taluk, Madurai District and directed them to provide adequate police protection as well. Those directions are continued till such time the proceedings under Land Encroachment Act are carried to a logical conclusion.

3.With this, the mandamus as sought for stands achieved and this writ petition is closed. No costs.

[A.S.M.J.,] & [C.K.J.,] 16.10.2025

NCC :Yes Index :Yes/No Internet :Yes ta

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W.P.(MD)No.21867 of 2025

To

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Melur at Y.Othakkadai, Madurai District, Madurai.

3.The Tahsildhar, O/o.The Tahsildar, Melur - 625 106, Madurai District.

4.The Inspector of Police, Kottampatty Police Station, Melur Taluk, Madurai District.

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W.P.(MD)No.21867 of 2025

DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J.

ta

W.P.(MD)No.21867 of 2025

16.10.2025

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