Velraj Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Velraj Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the official respondents (1 to 7) to consider the petitioner's representation dated 13.02.2025 after giving sufficient opportunity of hearing to the petitioner and respondents 8 to 10, and to pass appropriate orders on merits and in accordance with law within twelve [12] weeks; writ petition disposed of with no costs.

Issue for consideration

Whether the official respondents (1 to 7) ought to be directed to consider and pass orders on the petitioner's representation dated 13.02.2025 seeking removal of the alleged unauthorized encroachment by respondents 8 to 10 on the cart track in Survey No.404/2 (extent 80 cents), Uthumalai Village, V.K.Pudur Taluk, Tenkasi District.

Court's answer

The Court directed the official respondents to consider the petitioner's representation dated 13.02.2025 after giving sufficient opportunity of hearing to the petitioner and to respondents 8 to 10, and to pass appropriate orders on merits and in accordance with law.

Ratio / Principle

Such consideration and orders were to be completed within a period of twelve [12] weeks from the date of receipt of a copy of the order.

Key takeaways

The Court confined itself to the limited scope of the prayer and expressly did not express any opinion on the merits of the petitioner's claim either in the representation or in the affidavit filed in support of the writ petition.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD) No.5838 of 2025 (Velraj v. The District Collector, Tenkasi District and others), decided 05.03.2025, Coram: J.Nisha Banu and S.Srimathy, JJ. (order by J.Nisha Banu, J.). Mandamus under Article 226 of the Constitution of India regarding encroachment on a cart track. The petitioner sought a direction to official respondents 1 to 7 to remove the unauthorized encroachment allegedly made by private respondents 8 to 10 (Muthupandi Thevar, Velduraichi and Jothi) on the cart track situated in Survey No.404/2 to an extent of 80 cents of Uthumalai Village, V.K.Pudur Taluk, Tenkasi District, his representation dated 13.02.2025 having been kept pending without any progress. By consent, the petition was taken up for final disposal at the admission stage. Without expressing any opinion on the merits of the claim made in the representation or in the supporting affidavit, the Court directed the official respondents to consider the representation dated 13.02.2025 after giving sufficient opportunity of hearing to the petitioner and to respondents 8 to 10, and to pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from receipt of a copy of the order. Notice to respondents 6 and 8 to 10 was dispensed with, since no adverse order was to be passed against them. Writ petition disposed of; no costs.

W.P.(MD) No.5838 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

AND

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD)No.5838 of 2025

Velraj

... Petitioner

-Vs-

1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer / Chairperson (Divisional Monitoring Committee), Tenkasi District, Tenkasi.

4.The Assistant Director, District Survey and Land Records Dept, Tenkasi District, Tenkasi.

5.The Tahsildar, V.K.Pudhur Taluk, Tenkasi District.

6.The Block Development Officer, Aalangulam, Tenkasi District.

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W.P.(MD) No.5838 of 2025

7.The Inspector of Police, Uthamalai Police Station, Tenkasi District.

8.Muthupandi Thevar 9.Velduraichi 10.Jothi

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 to remove the unauthorized encroachment made by the respondents 8 to 10 on the cart track situated in Survey No.404/2 to an extent of 80 cents of Uthumalai Village, V.K.Pudur Taluk, Tenkasi District on the basis of the petitioner's representation dated 13.02.2025.

For Petitioner : Mr.M.Sankar For R1, R3 to R5 : Mr.P.Thilak Kumar, Government Pleader For R2 & R7 : Mr.A.Albert James Government Advocate (Crl.Side)

ORDER

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

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.It is the grievance of the petitioner that his representation dated 13.02.2025, seeking removal of the encroachment made by the respondents 8 to

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W.P.(MD) No.5838 of 2025

10 on the cart track situated in Survey No.404/2 to an extent of 80 cents of Uthumalai Village, V.K.Pudur Taluk, Tenkasi District, is kept pending without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.

3.Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the respondents 1, 3 to 5, submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

4.Notice to the respondents 6, 8 to 10 is dispensed with, since no adverse order is going to be passed as against them.

5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the official respondents to consider the representation of the petitioner dated 13.02.2025, after giving sufficient opportunity of hearing to the petitioner and the respondents 8 to 10 and pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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W.P.(MD) No.5838 of 2025

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

[J.N.B., J.] & [S.S.Y., J.] 05.03.2025

NCC : Yes / No Index : Yes / No

Yuva

To

1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer / Chairperson (Divisional Monitoring Committee),

Tenkasi District, Tenkasi.

4.The Assistant Director, District Survey and Land Records Dept, Tenkasi District, Tenkasi.

5.The Tahsildar, V.K.Pudhur Taluk, Tenkasi District.

6.The Inspector of Police, Uthamalai Police Station, Tenkasi District.

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W.P.(MD) No.5838 of 2025

7.Muthupandi Thevar,

S/o.Mahalingasamy Thevar, Door No.5/235, Opp to Indian Veedu, Nellai Road, Uthumalai, Tenkasi District.

8.Velduraichi, W/o.Kanagaraj, Door No.5/360, Kurukkalpatti Salai, Bilar Street, Maravar Colony, Uthumalai, Tenkasi District.

9.Jothi,

W/o.Perumalsamy @ Ashok, Door No.5/360, Kurukkalpatti Salai, Bilar Street, Maravar Colony, Uthumalai, Tenkasi District.

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W.P.(MD) No.5838 of 2025

J.NISHA BANU, J. AND S.SRIMATHY, J.

Yuva

W.P.(MD)No.5838 of 2025

05.03.2025

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