H.Abdul Razack Vs The District Collector

1.The District Collector, Thoothukudi, Thoothukudi District. 2.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District. 3.The Tahsildar, Thiruchendur, Thoothukudi District. 4.Uthayan ... Respondents

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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 to remove the encroachment made in the Government properties comprised of

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sand situated on the eastern side of survey Nos.806 and 807 of Kaayalpattinam Thenpagam Village, Thiruchendur Taluk, Thoothukudi District by consider the representation of the petitioner dated 08.01.2026 within a time frame that may be fixed by this Court.

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For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.D.Sasi Kumar (R1 to R3) Additional Government Pleader

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ORDER

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(Order of the Court was made by N.SATHISH KUMAR, J.)

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The petitioner has filed the present Writ Petition seeking a direction to the respondents to remove the encroachment made in the Government property comprised of sand, situated on the eastern side of Survey Nos. 806 and 807 of Kaayalpattinam Thenpagam Village, Thiruchendur Taluk, Thoothukudi District, by considering the petitioner’s representation dated 08.01.2026.

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2.By consent of both parties, this Writ Petition is taken up for

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final disposal at the admission stage itself.

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3.Mr.D.Sasi Kumar, learned Additional Government Pleader,

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accepts notice for the respondents 1 to 3. Considering the limited relief sought for by the petitioner, notice to the fourth respondent is dispensed with.

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4.It is the contention of the petitioner that the fourth respondent

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has encroached upon the Government land and has erected barbed wire fencing and a hut with asbestos sheets, along with a well, and that the said land falls under the Coastal Regulation Zone–II category. In this regard, the petitioner submitted a representation dated 08.01.2026 before the competent authority. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

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5.The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner’s representation dated 08.01.2026 would be considered and that the authorities concerned would conduct a survey of the subject land in the presence of all

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the parties concerned. He further submitted that appropriate action would be

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taken to remove the encroachment, if any.

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6.In such view of the matter, the third respondent is directed to

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conduct a survey of the subject property, after issuing notice to the petitioner, the fourth respondent, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.

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7.With the above directions, this Writ Petition is disposed of.

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There shall be no order as to costs.

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[N.S.K.,J.] [P.B.B.,J.] 15.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps

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