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N.Naganathan v. The District Collector

Madras HC2 Apr 2025WP(MD)/4201/2025

Case brief

AI extract

What is this about?

W.P.(MD) No.4201 of 2025; Madras High Court Madurai Bench; decision 02.04.2025; encroachment removal on donated Government road; gift settlement deeds S.Nos.164/1 and 164/2; Rameswaram Municipality; Ramanathapuram District; Tahsildar survey with notice to parties; removal after opportunity and due process of law; twelve-week completion timeline; Article 226 writ of mandamus; representations dated 23.09.2024 and 20.10.2024; iron gate and shed encroachment; disposed, no costs.

What did the court decide?

Instead of direct removal, the Court issued directions to the 4th respondent to survey the land with notice to both sides and, upon finding encroachment, remove it after due process within twelve weeks; writ petition disposed of with the above direction, no costs. ¶35

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Writ of Mandamus should issue directing the 2nd respondent to remove the encroachment made by the 6th respondent in the common pathway in S.No.164 Rameswaram Group, based on the 4th respondent's (Tahsildar's) order dated 28.01.2025.

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Court's answer

The Court directed the 4th respondent (Tahsildar, Rameswaram) to conduct a survey of the land in question in the presence of the petitioner and the 6th respondent, after issuing notice to them.

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Ratio / Principle

If the survey discloses encroachment, it shall be removed after affording sufficient opportunity to all parties concerned and by following due process of law.

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Key takeaways

The survey-and-removal exercise shall be completed within twelve weeks from receipt of a copy of the order.ratio¶31

Detailed headnote1 paragraphs

Writ petition (Article 226) by N.Naganathan before the Madurai Bench of the Madras High Court seeking mandamus to the Commissioner, Rameswaram Municipality, to remove the encroachment (iron gate and shed) allegedly erected by K.Karuppiah on a Government road in S.No.164 Rameswaram Group, formed from lands gifted by both parties through settlement deeds to the Governor via the Municipality, and relying on the Tahsildar's proceedings Pa.Mu.A3/3504/2024 dated 28.01.2025; earlier representations of 23.09.2024 (acted upon) and 20.10.2024 (pending). The Special Government Pleader undertook consideration and survey. The bench (J.Nisha Banu and S.Srimathy JJ.; order by J.Nisha Banu J.) directed the Tahsildar to survey the land in the presence of both parties after notice, to remove any encroachment found after affording opportunity to all concerned and following due process, completing the exercise within twelve weeks. Writ disposed of, no costs.

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W.P.(MD) No.4201 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.04.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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AND

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P.(MD)No.4201 of 2025

N.Naganathan

... Petitioner

-Vs-

1.The District Collector, Collectorate Office, Ramanathapuram.

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2.The Commissioner, Rameswaram Municipality, Rameswaram.

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3.The Revenue Divisional Officer, Rameswaram.

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4.The Tahsildar, Rameswaram.

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5.The Revenue Inspector, Rameswaram.

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6.K.Karuppiah ... Respondents

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Page 1 of 5

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

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W.P.(MD) No.4201 of 2025

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2^nd respondent to remove the encroachment made by the 6^th respondent in the common pathway in S.No.164 Rameswaram Group based on the order passed by the 4^th respondent in his proceedings Pa.Mu.A3/3504/2024, dated 28.01.2025 within a time limit fixed by this Court.

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For Petitioner : Mr.PT.S.Narendravasan For R1, R3 to R5 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R2 : Mr.K.Saravanan, Standing Counsel For R6 : Mr.K.Sathish Kumar

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ORDER

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[Order of the Court was made by J.NISHA BANU, J. ]

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According to the petitioner, the petitioner purchased a land in S.No.164/1 to an extent of 1.61.50 hectares situated at Rameswaram Revenue Village and in the same village, the 6^th respondent also purchased a land in S.No.164/2 to an extent of 1.61.50 hectares. They executed gift settlement deeds in respect of S.Nos.164/1 and 164/2 in favour of Governor through the 2^nd respondent Municipality for formation of road. Thereafter, the 6^th respondent has made encroachment in the Government road, which is donated to the Local Body by erecting iron gate and shed. Therefore, pointing out the same, the petitioner

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Page 2 of 5

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

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W.P.(MD) No.4201 of 2025

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has made a representation dated 23.09.2024 and the same was removed. However, the 6 th respondent once again made encroachment on the Government road. Therefore, the petitioner made another representation dated 20.10.2024. However, the same is kept pending till date without any progress. Therefore, he has filed this Writ Petition.

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2.Today (02.04.2025) when the matter is taken up for hearing, the learned Special Government Pleader for the respondents 1, 3 to 5 would submit that the representation of the petitioner would be considered and survey would be conducted on the land in question and if the survey reveals any encroachment, the same would be removed by following due process of law.

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3.In view of the above, we direct the 4^th respondent to conduct a survey in the land in question in the presence of the petitioner as well as the 6^th respondent, after issuing notice to them and during survey, if it is found that there an encroachment, the same shall be removed, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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Page 3 of 5

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

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W.P.(MD) No.4201 of 2025

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4.With the above direction, this Writ Petition is disposed of. No costs.

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[J.N.B., J.] & [S.S.Y., J.]

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02.04.2025