Disposed¶30

Kolappan Asari v. The District Collector / Monitoring Committee

Madras HC3 Mar 2025WP(MD)/5644/2025

Case brief

AI extract

What is this about?

Encroachment removal; writ of mandamus; pending representation dated 17.02.2025; Survey Nos. 225/6B7, 8B, 15, 17A, 17B, 20, 21B, 23B & 23C; Boothapandi Village and Post; Thovalai Taluk; Kanyakumari District; District Collector / Monitoring Committee; Revenue Divisional Officer; Tahsildar; Executive Officer, Boothopandi Town Panchayat; earlier writ petition by another local resident; survey conducted; personal hearing direction; 12-week timeline; Article 226 Constitution of India; W.P.(MD)No.5644 of 2025; Madurai Bench of Madras High Court; disposed with directions; no costs.

What did the court decide?

Direction to the respondents to give the petitioner an opportunity of personal hearing and pass appropriate orders within a period of 12 weeks from the date of receipt of a copy of the order; no costs. ¶30

Kolappan Asari Vs The District Collector /… — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.5644 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.03.2025

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CORAM:

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THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY

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W.P.(MD)No.5644 of 2025

Kolappan Asari

...Petitioner

-Vs-

1.The District Collector/Monitoring committee, O/o.The District Collectorate, Kanyakumari District, Kanyakumari.

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2.The Revenue Divisional Officer, Kanyakumari, Kanyakumari District.

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3.The Tahsildar, Thovalai Taluk, Kanyakumari District, Pudukkottai.

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4.The Executive Officer, Boothapandi Town Panchayat, Boothapandi, Thovalai Taluk, Kanyakumari District.

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...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to

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https://www.mhc.tn.gov.in/judis 1/5

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W.P.(MD)No.5644 of 2025

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remove the illegal encroachment made in Survey Nos.225/6B7, 8B, 15, 17A, 17B, 20, 21B, 23B & 23C at Boothapandi Village and Post, Thovalai Taluk, Kanyakumari District by considering the petitioner's representation dated 17.02.2025 within the stipulated time fixed by this Court.

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For Petitioner : Mr.V.Karuna For Respondents : Mr.P.Thilak Kumar Government Pleader

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ORDER

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(Order of the Court was made by J.NISHA BANU, J.)

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Heard Mr.V.Karuna, learned counsel appearing for the petitioner,

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Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents.

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2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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3.The petitioner claims that he has sent a representation to the official respondents herein on 17.02.2025 seeking to remove the encroachment made in the petition mentioned property. But till today, the representation of the

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petitioner is kept pending without any progress.

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https://www.mhc.tn.gov.in/judis 2/5

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W.P.(MD)No.5644 of 2025

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4.The learned Government Pleader appearing for the respondents submits that in a writ petition filed by an another person from the same locality regarding the encroachment made in the subject property, this Court had directed the official respondents to consider the representation of that petitioner after providing opportunity of hearing to the petitioner herein as well as any other interested parties. Based on the said direction, survey has already been conducted in the subject property and some encroachments have been identified by the authorities concerned. He further submits that the said encroachment will be removed.

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5.Considering the submission made by the learned Government Pleader, this Writ Petition is disposed of with a direction to the respondents to give the opportunity of personal hearing to the petitioner and pass appropriate orders within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

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(J.N.B.,J.) (S.S.Y.,J.) 03.03.2025

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Index:Yes/No Internet : Yes/No ta

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https://www.mhc.tn.gov.in/judis 3/5

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W.P.(MD)No.5644 of 2025

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