W.P.No.1703 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.1703 of 2025 Chinthamani W/o.Yavarnan ... Petitioner Vs. 1. The District Collector Ariyalur District Ariyalur. 2. The Revenue Divisional Officer Ariyalur Division Ariyalur. 3. The Thasildhar Ariyalur Taluk Ariyalur District. 4. The Commissioner Ariyalur Municipality Ariyalur District. 5. Sadiq Basha S/o.Jhoni Bai Page Nos.1/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 6. Ibrahim S/o.Jhoni Bai 7. Mohamed Ganif S/o.Jhoni Bai 8. Marvee Batcha S/o.Jhoni Bai 9. Abdul Sattar S/o.Amir Sahib ... Respondents Prayer : Writ Petition 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 encroachments made in the public road in SF No.278/7A1A of Ariyalur South, Ariyalur Municipality, Ariyalur District in terms of the orders of the second respondent in Na.Ka.A1/1958/2024 dated 05.09.2024. For Petitioner : Mr.S.Kamadevan For Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R4 O R D E R [Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} is the second round of litigation in this Court. The first round was Page Nos.2/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 vide W.P.No.14752 of 2024 which came to be disposed of by this Court in and by an order 14.06.2024 reported in Neutral Citation [2024:MHC:2384] and a scanned reproduction of the same is as follows: Page Nos.3/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Page Nos.4/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Page Nos.5/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Page Nos.6/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Page Nos.7/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Page Nos.8/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 2. Mr.S.Kamadevan, learned counsel on record for writ petitioner, adverting to the above order submits that post above order, R2 activated proceedings and sent a communication dated 05.09.2024 bearing reference Na.Ka.A1/1958/2024 inter alia holding that there is encroachment qua 'land in S.No.278/1A1A admeasuring an extent of 0.03.25 Hectares in Koothur Village, Alathur Taluk, Perambalur District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}. Thereafter, R4 sought police assistance for removal of encroachment vide proceedings dated 18.11.2024 bearing reference Na.Ka.No.3361/2024/F1. To be noted, this communication is from R4 to jurisdictional Inspector of Police. Thereafter, interestingly and intriguingly, R4 has sent a communication to R2 being communication dated 23.12.2024 bearing reference Na.Ka.No.3361/2024/F1 and a scanned reproduction of the same is as follows: Page Nos.9/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Page Nos.10/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Page Nos.11/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 3. The concluding paragraph shows that R4 has written that the Municipality would join with District Monitoring Committee and remove the encroachment. This is clearly unacceptable as Monitoring Committee is an adjudicating entity. Therefore, we are of the view that further proceedings should be under the supervision of R1. 4. Be that as it may, after the aforesaid 23.12.2024 proceedings, jurisdictional Revenue Divisional Officer i.e., R2 has written to R4 on 26.12.2024 vide letter bearing reference Na.Ka.A1/1958/2024 saying that encroachment needs to be removed. 5. Issue notice to official respondents. 6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R4. 7. Mr.T.K.Saravanan, learned State Counsel, on instructions, submits that removal of encroachment proceedings will mean that R5 to R9 and / or Page Nos.12/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 any other encroachers, if any, have to be show caused vide Section 128(1)(b) of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity) and if they send any representation, R4 has to pass final orders. Learned State Counsel, on instructions, submits that notice under Section 128(1)(b) of TNULB Act will be issued within a fortnight from today i.e., by 06.02.2025, seven days notice therefrom would be 13.02.2025 and depending on representation, if any, exercise will be completed and concluded one way or the other by 27.02.2025. This submission is recorded. 8. In the light of the narrative thus far, we are of the considered view that it would be appropriate to record the stated position of learned State counsel and dispose of the captioned WP with observation / directive that official respondents, more particularly R4 under the supervision of R1 shall do well to conclude the exercise in the aforesaid manner as expeditiously as the official business would permit but in any event on or before 27.02.2025. 9. We are requisitioning a compliance report from R1. Page Nos.13/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 Captioned WP disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 23.01.2025 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk P.S. I: Upload forthwith P.S.II : All concerned including the Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded. P.S.III : Though captioned WP is disposed of, Registry to list the captioned WP under the cause list caption 'FOR REPORTING COMPLIANCE' on 06.03.2025. Page Nos.14/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 To 1. The District Collector Ariyalur District Ariyalur. 2. The Revenue Divisional Officer Ariyalur Division Ariyalur. 3. The Thasildhar Ariyalur Taluk Ariyalur District. 4. The Commissioner Ariyalur Municipality Ariyalur District. Page Nos.15/16 https://www.mhc.tn.gov.in/judis W.P.No.1703 of 2025 M.SUNDAR, J., and K.RAJASEKAR, J., mk W.P.No.1703 of 2025 23.01.2025 Page Nos.16/16 https://www.mhc.tn.gov.in/judis