Research › Search › Judgment

Madras High Court · body

2023 DAILYLAW 4112 (MAD)

R.Duraisamy v. The district collector

WP/4004/2023 · 2026-04-01

K Surender, S M Subramaniam

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 4004 of 2023 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 4004 of 2023 1. R.Duraisamy S/o. Ramasamy Gounder, Pachudayampalayam Village, Rasipuram Taluk, Namakkal District 637406 2. K.Periyasamy S/o. Kailasa Gounder, D.No. 1/82, T.Pachudayampalayam Village and Post, Rasipuram Taluk, Namakkal District-637406 3. S.Periyasamy S/o. Late Sengottuvel, Pudavai Karar Thottam, T.Pachudayampalayam Village and Post, Rasipuram Taluk, Namakkal District- 637406 4. M.P.Sengottaiyan S/o. Palaniyappa Gounder, (Sri Kulavillaku Amman Sago Factory), T.Pachudayampalayam Village and Post, Rasipuram Taluk, Namakkal District- 637406 5. S.Duraisamy S/o. Late SubbuGounder, Poomalai Thottam, T.Pachudayampalayam Village and Post, Rasipuram Taluk, Namakkal District- 637406 https://www.mhc.tn.gov.in/judis WP No. 4004 of 2023 __________ Page2 of 7 6. Natesan S/o. SubbuGounder, Poomalai Thottam, T.Jedarpalayam Village and Post, Rasipuram Taluk, Namakkal District 637406 ..Petitioner(s) Vs 1. The District Collector, Office of District Collector, Namakkal District. 2. The Revenue Divisional Officer Mohanur Road, Namakkal Town, Namakkal Taluk, Namakkal District 637001 3. The Tahsildar VIP Nagar, Rasipuram Town, Rasipuram Taluk Namakkal District 637408. 4. The Panchayat President, Pachudayampalayam Panchayat, Pachudayampalayam Village and Post, Rasipuram Taluk, Namakkal District 637406 5. Shanthi W/o. Kathiresan, No. 4/159, Pachudayampalayam Village, Rasipuram Taluk, Namakkal District. 6. Kanammal, W/o. Madeshwaran, No. 4/217, Pachudayampalayam Village, Rasipuram Taluk, Namakkal District. . 7. Aandal, W/o. Balakrishnan, No. 4/160, Pachudayampalayam Village, https://www.mhc.tn.gov.in/judis WP No. 4004 of 2023 __________ Page3 of 7 Rasipuram Taluk, Namakkal District 8. Jeeva, W/o. Periyasamy, No. 4/161, Pachudayampalayam Village, Rasipuram Taluk, Namakkal District. 9. Pachamuthu, S/o. Sengamalai Udaiyar, No. 4/62, Pachudayampalayam Village, Rasipuram Taluk, Namakkal District. 10.Perisamy S/o. Ramasamy, No.4/163, Pachudayampalayam Village, Rasipuram Taluk, Namakkal District 11.Kasambu S/o. Arunachalam, No. 4/164 Pachudayampalayam Village, Rasipuram Taluk, Namakkal District 12.Arunachalam S/o. Ramasamy Udayar No. 1/202 Pachudayampalayam Village, Rasipuram Taluk, Namakkal District 13.Ammakannu, W/o. Chinnu Udaiyar, No. 1/58 Pachudayampalayam Village, Rasipuram Taluk, Namakkal District 14.Ilayaraja S/o.Periyasamy, No. 1/57 Pachudayampalayam Village, Rasipuram Taluk,Namakkal District 15.Velayutham S/o. Pachamuthu Udayar https://www.mhc.tn.gov.in/judis WP No. 4004 of 2023 __________ Page4 of 7 No. 1/55 Pachudayampalayam Village, Rasipuram Taluk, Namakkal District. 16.Parameshwari S/o. Periyasamy, No. 1/54, Pachudayampalayam Village, Rasipuram Taluk, Namakkal District. 17.Muthusamy, S/o.Pachamuthu Udaiyar, No. 1/53, Pachudayampalayam Village, Rasipuram Taluk,Namakkal District. 18.Sivanantham S/o. Sengamalai Udaiyar, No. 1/37, Pachudayampalayam Village, Rasipuram Taluk,Namakkal District. 19.Perisamy S/o.Thola Udayar @ Ramasamy, No. 1/38, Pachudayampalayam Village, Rasipuram Taluk,Namakkal District 20.Bakkiyam, W/o.Sivalingam, Pachudayampalayam Village, Rasipuram Taluk,Namakkal District ..Respondent(s) To direct the Respondents to remove the encroachment done by the Respondents 4 to 20 on the road between Pachudayampalayam Mariamman Koil and Kaliamman Koil in Pachudayampalayam Village, Rasipuram Taluk WP No. 4004 of 2023 For Petitioner(s): Mr.L.Ramu For Respondent(s): Mr.T.Arunkumar, Addl.G.P. for R1 to R3 Mr.R.Nalliyappan for R4 Ms.S.P.Nirmala Parameswari for R5 to R8, R10 to R19 No appearance for R9 and R20 https://www.mhc.tn.gov.in/judis WP No. 4004 of 2023 __________ Page5 of 7 Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondent to remove the encroachments. 2. Learned Additional Government Pleader would submit that the authorities, during the course of inspection and survey, found encroachments in government land. 3. Learned counsel for the 6th respondent would oppose by stating that the subject land is patta land. 4. If the respondents claim any right over the property, they will have to establish the title/ownership by approaching the competent Civil Court of law. As far as the authorities are concerned, they have identified the encroachments. That being so, the enforcement actions are to be initiated by following the procedures as contemplated under the relevant statute and rules in force. Such exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi https://www.mhc.tn.gov.in/judis WP No. 4004 of 2023 __________ Page6 of 7 To 1. The District Collector Office of District Collector, Namakkal District. 2. The Revenue Divisional Officer Mohanur Road, Namakkal Town, Namakkal Taluk, Namakkal District 637001 3. The Tahsildar VIP Nagar, Rasipuram Town, Rasipuram Taluk Namakkal District 637408. 4. The Panchayat President, Pachudayampalayam Panchayat, Pachudayampalayam Village and Post, Rasipuram Taluk, Namakkal District 637406 https://www.mhc.tn.gov.in/judis WP No. 4004 of 2023 __________ Page7 of 7 S.M.SUBRAMANIAM J. AND K.SURENDER J. vsi WP No. 4004 of 2023 01-04-2026 https://www.mhc.tn.gov.in/judis