Nandakumar a Vs The District Collector

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent not to put up construction of park or any other construction in the petitioners land in Survey No.693/3A situated at Manojiappasavadi Village, Papanasam Taluk, Thanjavur District and consequently direct the respondents to remove the fencing erected therein by the 4th respondent forthwith by considering the petitioners representations dated 26.05.2025 and 09.06.2025 within the time limit as fixed by this Honble Court.

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For Petitioner : Mr.J. Lawrance, Advocate. For Respondent : Mrs.PB.Ahamed Yasmin Parvin, Government Advocate (Crl.Side), For R1 to R3.

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Mr.B.Ramanathan for R4

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ORDER

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The petitioner is before this Court seeking a direction to restrain

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the fourth respondent from putting up construction in the land comprised in Survey No. 693/3A situated at Manojiappasavadi Village, Papanasam

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2/5

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

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WP(MD). No.17753 of 2025

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Taluk, Thanjavur District.

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The petitioner claims to be the owner of the subject property and contends that the fourth respondent, without any authority of law, is attempting to put up construction therein.

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This Court, by order dated 01.07.2025, directed the respondents to conduct a survey. Pursuant thereto, a survey was conducted, and it was found that the fourth respondent had encroached upon an extent of 0.00.13 sq.ft. (0.32 cents), as evidenced by the sketch produced by the learned Government Advocate. In view of the said finding, the fourth respondent is under an obligation to remove the encroachment.

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Accordingly, this writ petition is disposed of with a direction to the fourth respondent to remove the encroachment in the subject land within a period of six (6) 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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WP(MD). No.17753 of 2025

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