G.Berkmans Vs The District Collector

PRAYER:- Writ Petitioner – filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 4 to remove the encroachment made by the Respondents 5 to 7 in S.No.397/10 of Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, based on the notice issued by the 3^rd respondent on 10.09.2025.

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For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 to R4 No Appearance for R5 to R7

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ORDER

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

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This Writ Petition is filed seeking a direction to the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 7 in S.No.397/10 of Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, based on the notice issued by the 3^rd respondent on 10.09.2025. .

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

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W.P.(MD)No.3028 of 2026

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2. It is the grievance of the petitioner that public pathway in S.No.397/10, situated at Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, has been encroached by the respondents 5 to 7. In this regard, the petitioner had already submitted a representation on 04.11.2025. However, no action has been taken, and despite the encroachment having been identified, the authorities have failed to initiate any action.

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3. The learned Special Government Pleader appearing for the respondents 1 to 4 would submit that, notices under Section 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 have been issued on 10.09.2025 and they will complete the process within a period of one month.

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4 .In view of the above, this Court directs respondents 1 to 4 to

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take necessary action for the removal of the encroachment and pass appropriate orders on merits and in accordance with law, after issuing notice to respondents 5 to 7 and affording them an opportunity of hearing, within a period of one month from the date of receipt of a copy of this order.

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

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W.P.(MD)No.3028 of 2026

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5. 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.] & [M.J.R., J.] 04.03.2026