Chandran Vs The District Collector

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 4 to remove the encroachment made by the respondent No.7 and his family members in Survey Nos.220/49 and 478/6 in Manalmettupatti, Chokkalingapuram Village, Melur Taluk, Madurai District by considering the petitioner's representation dated 26.08.2025 within the time stipulated by this Court.

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For Petitioner : Mr.A.Abdul Kabur For Respondents : Mr.M.Sarangan (R1 to R3 & R5) Additional Government Pleader : Mr.J.Ashok (R4 & R6) Additional Government Pleader : Mr.N.Mohammed Ayyadurai (R7)

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

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W.P.(MD)No.25784 of 2025

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ORDER

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

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The petitioner is aggrieved by the encroachments allegedly

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made by R7 and his family members in Survey Nos.220/49 and 478/6 in

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Manalmettupatti, Chokkalingapuram Village, Melur Taluk, Madurai District.

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2.On an earlier occasion, we had passed the following order:

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' Mr.M.Sarangan, learned Additional Government Pleader accepts notice for R1 to R3 & R5 and Mr.J.Ashok, learned Additional Government Pleader accepts notice for R4 & R6.

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2.Mr.Sarangan, learned Additional Government Pleader, states that an inspection will be conducted in the land in Survey Nos.220/49 and 478/6 in Manalmettupatti, Chokkalingapuram Village, Melur Taluk, Madurai District and the needful will be done in terms of verifying whether any encroachment by way of fencing or otherwise has been made by the private respondent.

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3.Let R3 undertake the exercise and complete the same within two weeks from today and submit a report.

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4.In light of the aforesaid order, in compliance with which notice must issued to R7, no notice is issued to him in the present Writ Petition, atleast at this juncture.

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5.List on 17.10.2025 to await the report.'

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W.P.(MD)No.25784 of 2025

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3.Today, Mr.Sarangan, learned Additional Government Pleader,

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has filed a status report of the Tahsildar, Melur, to the effect that encroachments have been found. The relevant portions of the status report are as follows:

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'3.It is respectfully submitted that a field inspection was organized by informing all concerned on 15.10.2025. The team has found the following encroachments in the Government Poromboke lands wherein path-way is located:-

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Sl. No.	Survey No.	Total extent (in ares)	_Classification _	Extent under encroac hment (sq.m)	Nature of encroachmen t	Name of the encroacher
1.	220/49	0.05.07	'G”P Pathway	0.00.62	Wire mesh & compound wall	Andichamy
2.	220/49	0.05.07	-do-	0.00.14	Cement wall	Chokkan
3.	478/6	0.06.30	-do-	0.00.11	Iron mesh	-do-

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4.It is respectfully submitted that since it was contended that the above survey was done without causing notice, a notice was issued dated 25.10.2025 informing the concerned persons viz. Tvl. Chandran and Thiru Andi of Manalmettupati Village, Chockalingapuram, the concerned Village Administrative Officer and the Village Panchayat Secretary, Chockalingapurai Village Panchayat that survey will be conducted on 28.05.2025. Accordingly survey was conducted in the presence of the Petitioner and the 7^th respondent and the following encroachment was found out during the inspection:

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Sl.
No.

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W.P.(MD)No.25784 of 2025

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Sl.	Survey	Total	_Classification _	Extent	Nature of	Name of
No.	No.	extent (in ares)		under encroac hment (sq.m)	encroachmen t	the encroacher
1.	220/49	0.05.07	'G”P	0.00.14	Cement wall	Chokkan
			Pathway			S/o.Andi
2.	478/6	0.06.30	-do-	0.00.11	Iron mesh	-do-

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4. It is submitted that since the above persons have encroached upon the Government Poromboke land -pathway -which is highly objectionable, it is proposed to remove the encroachment by issuing notice under Section 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 and that within two months' time the encroachment shall be evicted and the pathway handed over to the 4^th respondent for maintenance.'

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4.The above status report is recorded.

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5.Learned counsel for R7, who appears before us, states that

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R7 wishes to file certain documents.

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6.Since the authorities have confirmed that action will be taken

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strictly in accordance with law by issuing notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, it would suffice to state that whatever documents R7 may have to establish his title may be produced before the authorities for their consideration.

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W.P.(MD)No.25784 of 2025

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7.In light of the fact that inspection has been conducted after

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notice dated 25.10.2025 and in the presence of the private respondent, detailed encroachments and proceedings dated 28.10.2025, a copy of

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which has been placed before us, Mandamus as sought for by the petitioner stands achieved. This Writ Petition is closed directing the authorities to do the needful and take the proceedings to their logical conclusion, in accordance with law and the principles of natural justice, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

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[A.S.M.J.,] & [C.K.J.,] 12.11.2025

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NCC :Yes/No Index :Yes/No Internet :Yes ps

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W.P.(MD)No.25784 of 2025

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To

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1.The District Collector, Collectorate, Madurai, Madurai District. 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Vellaripatti, Melur, Madurai District.

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3.The Tahsildar, Melur Taluk Office, Melur, Madurai District.

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4.The Block Development Officer, O/o.The Block Development Officer, Kottampatti Panchayat Union, Kottampatti, Madurai District.

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5.The Village Administrative Officer, O/o.The Village Administrative Officer, Chokkalingapuram, Melur Taluk, Madurai District.

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6.The Secretary, Chokkalingapuram Panchayat Office, Chokkalingapuram, Melur Taluk, Madurai District.

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