W.P.(MD) No.3277 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025 CORAM: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.3277 of 2025 K.Arumugam ... Petitioner -Vs- 1.The District Collector, Sivagangai District, Sivagangai. 2.The Tahsildar, Devakottai Taluk, Sivagangai District. 3.Vellaiyammal 4. Pandidurai 5. Jeyabal ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachment made by the respondents 3 to 5 in Government Land in Survey No. 326/3 of Sithattivayal Village, Iruvinivayal Group, Kandadevi Firka, Devakottai Taluk, Sivagangai District within a time limit as fixed by this Court. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3277 of 2025 For Petitioner : Mr.A.Karthik For R1 & R2 : Mr.M.Sarangan, Addl. Govt. Pleader ORDER DR.G.JAYACHANDRAN, J. AND R.POORNIMA , J. This writ petition has been filed seeking for mandamus, directing the respondents 1 and 2 to remove the encroachment allegedly made by the respondents 3 to 5 in S.No.326/3 of Sithattivayal Village, Iruvinivayal Group, Kandadevi Firka, Devakottai Taluk, Sivagangai District. 2. Since no adverse order is going to be passed in this writ petition, notice to the private respondents is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3. Heard the learned counsel on either side. 4. According to the petitioner, the property bearing S.No.326/3 situated in the said Village is a government poramboke land. The villagers used the said 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3277 of 2025 land during the village temple festivals for erecting stage and conducting dramas. The land is also used by the villagers also for cooking pongal during the temple festivals. While so, the private respondents 3 to 5 had unlawfully encroached upon the said land and therefore, a representation by the villagers was given to the authorities to remove the encroachment. Inspite of the said demand to remove the encroachment, the respondents 1 and 2 had not acted upon the representation. Hence, the present writ petition is filed seeking for mandamus to remove the encroachment. 5. It is further stated in the affidavit that the third respondent has initiated a civil suit before the Sub Court, Devakottai in OS No.189 of 2021 with false averments and sought for injunction in respect of S.No.326/6 measuring to an extent of 40 cents, with an intention to grab the government land, which is classified as 'Grama Natham'. 6. The learned Additional Government Pleader appearing on behalf of the official respondents, on instructions reports that the villagers are not using the land for any religious festivals. However, there is no encroachment. He also refers to the communication of the Tahsildar of Devakottai, stating that the land in S.No.326/3 measuring to an extent of 0.44.50 ares is classified as 'Sarkar 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3277 of 2025 Poramboke Natham' as per A register. On inspecting the field on 03.02.2025, it is confirmed that there is no encroachment by individuals and it is filled with karuvelam trees. 7. The written communication of the Tahsildar of Devakottai to the learned Additional Government Pleader appearing on behalf of the official respondents is taken note of. The fact that there is no encroachment as per the field inspection conducted on 03.02.2025 is recorded. 8. This writ petition is disposed of directing the respondents 1 and 2 to protect the petition mentioned land from any encroachment in future. No costs. [G.J., J.] & [R.P., J.] 04.02.2025 NCC : Yes / No Index : Yes / No Sm 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3277 of 2025 To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Tahsildar, Devakottai Taluk, Sivagangai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3277 of 2025 DR.G.JAYACHANDRAN, J. AND R.POORNIMA , J. Sm Order made in W.P.(MD)No.3277 of 2025 Dated: 04.02.2025 6/6 https://www.mhc.tn.gov.in/judis