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

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

What the court decided

AI extract

Outcome

Direction to respondents 1 & 2 (District Collector and Tashildar) to remove the encroachment after affording sufficient opportunity of hearing to the petitioner and respondents 5 & 6, and to pass appropriate orders on merits and in accordance with law within three (3) months from receipt of copy of the order; Writ Petition disposed of with no order as to costs.

Issue for consideration

Whether the petitioner's representation dated 02.10.2022 to respondents 1 to 4, seeking removal of the unauthorized temple constructed by respondents 5 & 6 encroaching the 0.71.0 Acre land in Sy.No.561/2 at Perungudi Revenue Village, Thirumayam Taluk, Pudukkottai District, and restoration considering the Court's order in W.P.(MD)No. 10722 of 2020 dated 02.09.2020, would be acted upon. +1 more

Court's answer

Respondents 1 & 2 were directed to remove the encroachment made by the encroachers after giving sufficient opportunity of hearing to the petitioner and the respondents 5 and 6, and to pass appropriate orders on merits and in accordance with law within a period of three (3) months from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Vellaisamy v. District Collector & others, W.P(MD)No.8262 of 2023 (Madras High Court, Madurai Bench; decided 20.03.2025; order authored by Justice J.Nisha Banu, bench included Justice S.Srimathy). Mandamus petition under Article 226 of the Constitution of India seeking removal of an unauthorized temple constructed by respondents M.Meenakshi and Maruthappan by encroaching the entire extent of 0.71.0 Acre in Sy.No.561/2 at Perungudi Revenue Village, Thirumayam Taluk, Pudukkottai District, and restoration considering the Court's order in W.P.(MD)No. 10722 of 2020 dated 02.09.2020; petitioner's representation dated 02.10.2022 had remained pending without progress, and encroachers had re-occupied the land after a prior removal. Court directed respondents 1 & 2 (District Collector, Pudukkottai District and Tashildar, Thirumayam) to remove the encroachment after giving sufficient opportunity of hearing to the petitioner and respondents 5 and 6 and to pass appropriate orders on merits and in accordance with law within three (3) months from receipt of a copy of the order. Writ Petition disposed of; no order as to costs.

W.P(MD)No.8262 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.8262 of 2023

Vellaisamy

... Petitioner

vs.

1.The District Collector,

Pudukkottai District, Pudukkottai.

2.The Tashildar,

Thirumayam Revenue Taluk Office, Thirumayam,

Pudukkottai District.

3.The Block Development officer, Thirumayam Union Office, Thirumayam, Pudukkottai District.

4.The Panchayat President, Munasanthai Village Panchayat, Thirumaya Union Pudukkottai District.

5.M.Meenakshi

1/6

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

W.P(MD)No.8262 of 2023

6.Maruthappan

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct to the respondent 1 to 4 to remove the unauthorized temple constructed by the respondents 5 & 6 by encroaching the entire extent of 0.71.0 Acre if the land situated in Sy.No.561/2 at Perungudi Revenue Village, Thirumayam Taluk, Pudukkottai District and to restore the same by considering the order of this Hon'ble Court in W.P.(MD)No. 10722 of 2020 dated 02.09.2020.

(Prayer amended vide order dated 24.04.2023

made in W.M.P.MD.No.8296 of 2023)

For Petitioner : Mr.M.Ramu For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader

ORDER

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

It is the grievance of the petitioner that his representation dated 02.10.2022, to remove the unauthorized temple constructed by the respondents 5 & 6 by encroaching the entire extent 0.71.0 Acre and the land situated in Sy.No.

2/6

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

W.P(MD)No.8262 of 2023

561/2 at Perungudi Revenue Village, Thirumayam Taluk, Pudukkottai District and to restore the same by considering the order passed by this Court in W.P.(MD)No. 10722 of 2020 dated 02.09.2020, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.

2.The learned Government Pleader appearing for the respondents 1 & 2 submits that already encroachment has been removed and now, again the encroachers have occupied the same and they are taking steps to remove the encroachment.

3.In view of the above, we direct the respondents 1 & 2 to remove the encroachment made by the encroachers, after giving sufficient opportunity of hearing to the petitioner and the respondents 5 and 6 and pass appropriate orders on merits and in accordance with law within a period of three (3) months from the date of receipt of a copy of this order.

3/6

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

W.P(MD)No.8262 of 2023

4.With the above direction, this Writ Petition is disposed of. There shall

be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 20.03.2025

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

4/6

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

W.P(MD)No.8262 of 2023

To

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tashildar, Thirumayam Revenue Taluk Office, Thirumayam, Pudukkottai District.

3.The Block Development officer, Thirumayam Union Office, Thirumayam, Pudukkottai District.

4.The Panchayat President, Munasanthai Village Panchayat, Thirumaya Union Pudukkottai District.

5/6

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

W.P(MD)No.8262 of 2023

J.NISHA BANU, J. and S.SRIMATHY, J.

ps

ORDER MADE IN W.P(MD)No.8262 of 2023

DATED : 20.03.2025

6/6

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