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2024 DAILYLAW 3842 (MAD)

Nagarajan v. The District Collector

WP(MD)/11507/2024 · 2026-04-06

G R Swaminathan, R Poornima

Transfer Petitionbody2024

Judgment text

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W.P(MD)No.11507 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P(MD)No.11507 of 2024 and W.M.P(MD)No.10252 of 2024 Nagarajan ... Petitioner Vs. 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Sub-Collector, Paramakudi, Ramanathapuram District. 3.The Tahsildar, Paramakudi Taluk, Ramanathapuram District. 4.The Block Development Officer, Paramakudi Panchayat Union, Ramanathapuram District. 5.The President, Andakudi Panchayat, Paramakudi Taluk, Ramanathapuram District. ... Respondents 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11507 of 2024 Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachments made by the residents in 3rd Street, Senthamil Nagar, situated in S.No.375, Kattuparamakudi Group, Paramakudi Taluk, Ramanathapuram District. For Petitioner : Mr.M.Dinesh Hari Sudarsan For Respondents : Mr.S.Vinodh Government Advocate ORDER (Order of the Court was made by G.R.Swaminathan J.) Heard both sides. 2.The writ petitioner is a resident of Senthamil Nagar, Paramakudi. He alleges that in Survey No.375, there are encroachments. He wants the same to be removed. 3.The learned counsel draws our attention to the report dated 21.03.2023 submitted by the Tahsildar, Paramakudi. We are prima facie satisfied that there are encroachments. Since the Tahsildar appears to have already determined the issue, it would not be proper on our part to once again direct them to take action. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11507 of 2024 4.We therefore direct the second respondent to take action as per law to have the encroachments removed. Notices will have to be issued to all the necessary parties. We make it clear that since the alleged encroachers have not been heard, any observation made in this order shall be treated as tentative and prima facie in nature and shall not have the effect of foreclosing their defence. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.P, J.] 06.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Ramanathapuram District, Ramanathapuram. 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11507 of 2024 2.The Sub-Collector, Paramakudi, Ramanathapuram District. 3.The Tahsildar, Paramakudi Taluk, Ramanathapuram District. 4.The Block Development Officer, Paramakudi Panchayat Union, Ramanathapuram District. 5.The President, Andakudi Panchayat, Paramakudi Taluk, Ramanathapuram District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11507 of 2024 G.R.SWAMINATHAN, J. AND R.POORNIMA , J. MGA W.P(MD)No.11507 of 2024 06.04.2026 5/5 https://www.mhc.tn.gov.in/judis