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2025 DAILYLAW 150684 (MAD)

Sivasankar.K v. The District Collector

WP(MD)/20548/2022 · 2025-07-28

A D Maria Clete, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.20548 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.20548 of 2022 K.Sivasankar ... Petitioner Vs. 1. The District Collector, O/o. District Collectorate, Dindigul District. 2. The Thasildar, Ottanchatram Taluk, Theni District. 3. The Divisional Engineer, State Highways Office, Tamil Nadu Road Development Scheme- II, Room No.416, 4th Floor, District Collector Office, Paladam Road, Thirupur District. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20548 of 2022 4. Vasanthi 5. Murugan 6. Velan 7. Seeniyammal 8. Rani ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 to 3 to remove the illegal encroachments made by the Respondent No.4 to 8 in State highways land situated in S.No.712/A situated at Kallimandayam Village, Ottanchathiram Taluk, Dindigul District within the time frame stipulated by this Hon'ble Court. For Petitioner : Mr.S.Rajasekar for M/s.Lajapathi Roy For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R4, 5, 7 & 8 : No appearance ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the respondents 1 to 3 to remove the illegal encroachments made by the respondents 4 to 8 in the State Highways land situated in S.No.712/A, Kallimandayam Village, Ottanchathiram Taluk, Dindigul District. 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20548 of 2022 2. The learned Special Government Pleader appearing on behalf of the respondents 1 to 3, based on the written instructions from Tahsildar, Ottanchatram Taluk, would submit that under the Government welfare scheme, free patta has been granted to landless poor people in the subject survey number and in respect of remaining Government poramboke land, it is kept vacant for public purposes. However, the authorities made a submission that there is no encroachment in the survey number as stated by the petitioner. Since patta has already been granted to the landless poor people, beyond that if any person encroached the Government poramboke land, the Tahsildar has to initiate action to remove all those encroachments by following the procedures contemplated under law. 3. With these observations, the writ petition stands disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 28.07.2025 NCC : Yes / No Index : Yes / No PKN 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20548 of 2022 To 1. The District Collector, O/o. District Collectorate, Dindigul District. 2. The Thasildar, Ottanchatram Taluk, Theni District. 3. The Divisional Engineer, State Highways Office, Tamil Nadu Road Development Scheme- II, Room No.416, 4th Floor, District Collector Office, Paladam Road, Thirupur District. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20548 of 2022 S.M.SUBRAMANIAM, J. AND DR.A.D.MARIA CLETE, J. PKN W.P.(MD)No.20548 of 2022 28.07.2025 5/5 https://www.mhc.tn.gov.in/judis