Disposed¶30

Karuppuchamy v. The District Collector / The Chair Person

Madras HC20 Mar 2025WP(MD)/9631/2024

Case brief

AI extract

What is this about?

Encroachment removal; cart track; Survey Nos.55 and 56; Pallikoodathan Valasu Village; Palani Taluk; Dindigul District; Writ of Mandamus; Article 226; representation dated 25.08.2023; Na.Ka.No. 3100/22/Aa1 dated 02.09.2023; Na.Ka.No.1506275/2023/D2 dated 28.11.2023; survey conducted; hearing to encroachers (respondents 5 to 12); twelve weeks timeline; District Collector; Revenue Divisional Officer; Tahsildar; Amarapoondi Village Panchayat; disposed without costs.

What did the court decide?

Writ Petition disposed of with a direction to respondents 1 to 4 to remove the encroachments in the cart track through Survey Nos.55 and 56 after hearing the petitioner and respondents 5 to 12, passing appropriate orders on merits within twelve weeks; no order as to costs. ¶30

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to act on the petitioner's representation and the proceedings dated 02.09.2023 and 28.11.2023 by removing the encroachments in the cart track running through Survey Nos.55 and 56, Pallikoodathan Valasu Village, Palani Taluk, Dindigul District, within a time frame.

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Court's answer

The Court directed respondents 1 to 4 to remove the encroachments made in the property in question, after giving sufficient opportunity of hearing to the petitioner and respondents 5 to 12, and to bring the matter to its logical end.

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Ratio / Principle

Appropriate orders are to be passed on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Mandamus under Article 226 - W.P(MD)No.9631 of 2024 (Madras High Court, Madurai Bench, 20.03.2025; order by J. Nisha Banu, J.; coram incl. S. Srimathy, J.). Petitioner sought removal of encroachments in the cart track through Survey Nos.55 and 56, Pallikoodathan Valasu Village, Palani Taluk, Dindigul District, pursuant to proceedings of the Revenue Divisional Officer dated 02.09.2023 (Na.Ka.No. 3100/22/Aa1) and the District Collector dated 28.11.2023 (Na.Ka.No.1506275/2023/D2), which remained unimplemented. On the State's statement that a survey had been conducted and the encroachment identified, the Court directed respondents 1 to 4 to remove the encroachments after giving sufficient opportunity of hearing to the petitioner and respondents 5 to 12, and to pass appropriate orders on merits and in accordance with law within twelve (12) weeks. Petition disposed of; no order as to costs.

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W.P(MD)No.9631 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.03.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.9631 of 2024

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Karuppuchamy ... Petitioner

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vs.

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1.The District Collector/The Chair Person, District Monitoring Committee, Dindigul District.

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2.The Revenue Divisional Officer, Palani, Dindigul District.

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3.The Tahsildar, PalaniTaluk, Dindigul District.

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4.The President, Amarapoondi Village Panchayat, Palani Taluk, Dindigul District.

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5.Selvaraj 6.Chinnadurai 7.Senthilvadivu 8.Ramachandran 9.Vijayaraj 10.Kanagaraj 11.Kavinprabhu 12.Ramakannu ... Respondents 1/5

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

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W.P(MD)No.9631 of 2024

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 3 and 4 to remove the encroachment made in the cart track running through the Survey Nos.55 and 56 situated at Pallikoodathan Valasu Village, Palani Taluk, Dindigul District on the basis of the proceedings of the second respondent in Na.Ka.No. 3100/22/Aa1 dated 02.09.2023 and the proceedings of the first respondent in Na.Ka.No.1506275/2023/D2 dated 28.11.2023 within a time frame.

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For Petitioner : Mr.D.Venkatesh For RR 1 to 3 : Mr.S.Sajibino Special Government Pleader For R – 4 : Mr.N.Satheesh Kumar Additional 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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It is the grievance of the petitioner that his representation dated 25.08.2023, to remove the encroachment made in the cart track running through Survey Nos.55 and 56 situated at Pallikoodathan Valasu Village, Palani Taluk, Dindigul District and the proceedings of the second respondent, dated 02.09.2023 and the proceedings of the first respondent, dated 28.11.2023, is kept pending till

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2/5

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

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W.P(MD)No.9631 of 2024

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date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.

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2.The learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the fourth respondent would submit that already survey has been conducted in the presence of the petitioner and the encroachers and the encroachment has been identified and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

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3.In view of the above, we direct the respondents 1 to 4 to remove the encroachments made in the property in question, after giving sufficient opportunity of hearing to the petitioner and the respondents 5 and 12 and bring the same to its logical end 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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3/5

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

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W.P(MD)No.9631 of 2024

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

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be no order as to costs.

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