M.Subbulakshmi Vs The Special Deputy Collector cum Chairman

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1^st respondent to conduct an enquiry on his representation dated 05.06.2025 and take appropriate action against the respondents 5 to 13 for creating fraudulent document to grab the Pathway situated in Ward-3, Block-10, T.S.No.1072/1, 1074/2 and 1074/3, Perumalpatti Thropathiamman Kovil Street, Srivilliputhur, Virudhunagar District in the light of G.O.(Nilai) No.119, Home (Police-II) Department dated 16.03.2023 as well as based on his representation dated 06.01.2025 within the time limit that may be stipulated by this Court for the facts and circumstances of the case.

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For Petitioner : Mr.M.Mohanasundaram

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For Respondents : Mr.S.Venkatesh

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Counsel for State of TN for R1 and R3

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Mr.P.Vetrivel

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Government Advocate for R2 and R4

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

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W.P.(MD).No.18799 of 2026

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ORDER

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This Writ Petition has been filed seeking for a direction to the 1^st respondent to conduct an enquiry on his representation dated 05.06.2025 and take appropriate action against the respondents 5 to 13 for creating fraudulent document to grab the Pathway situated in Ward-3, Block-10, T.S.No.1072/1, 1074/2 and 1074/3, Perumalpatti Thropathiamman Kovil Street, Srivilliputhur, Virudhunagar District, in the light of G.O.(Nilai) No.119, Home (Police-II) Department dated 16.03.2023 as well as based on his representation dated 06.01.2025.

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The Writ Petition is disposed of at the time of admission after dispensing with the notice of the respondents 5 to 13 as there is no adverse order proposed to be passed against them at this stage.

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It appears that the petitioner had earlier approached this Court in W.P. (MD) No.4802 of 2025. The Division Bench, by its order dated 21.02.2025, directed the respondent therein, namely, the first respondent, to consider the petitioner's representation dated 06.01.2025. The 5^th respondent was the 3^rd respondent in the said petition. The grievance of the petitioner is that, during the

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W.P.(MD).No.18799 of 2026

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pendency of the enquiry before the 1^st respondent, the 5^th respondent has annexed a public pathway purportedly based on a sale deed executed on 04.04.2025, registered as Document No.2409 of 2025, executed between the 5^th respondent and the other private respondents and that they have invited the proceedings under G.O.(Nilai) No.119, Home (Police-II) Department, dated 16.03.2023.

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The learned counsel for the first and third respondents submits that although the petitioner has given a representation dated 05.06.2025, there are no documents to substantiate that the 5^th respondent has encroached upon the private land so as to attract the above Government Order. Only if there is grabbing of private land, can the aforesaid proceedings be initiated by the aggrieved party.

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Having considered the submissions made by the learned counsel for the petitioner and the learned counsel for the official respondents 1 to 4, after dispensing with notice to the private respondents, I am inclined to dispose of this Writ Petition at the time of admission by directing the first respondent to consider the petitioner's representation dated 05.06.2025 on merits in

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

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W.P.(MD).No.18799 of 2026

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accordance with law and take appropriate action, if warranted in accordance with law. Needless to state, the private respondents shall be heard before the final orders are passed.

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