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2025 DAILYLAW 160231 (MAD)

K.Tamilselvan v. The District Collector

WP(MD)/23834/2025 · 2025-09-16

Anita Sumanth, C Kumarappan

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.23834 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.(MD)No.23834 of 2025 K.Tamilselvan ... Petitioner /Vs./ 1.The District Collector, Theni District, Theni. 2.The Tahsildar, Uthamapalayam Taluk, Theni District. 3.The Executive Officer, C.Pudupatty Town Panchayat, C.Pudupatty, Uthamapalayam Taluk, Theni District. 4.Murugan ... 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 3 to remove the encroachment made by the 4th Respondent in Old 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23834 of 2025 Survey No.274, New Survey No.1141/14 situated at Gandhij Lane, C.Pudupatty, Uthamapalayam Taluk, Theni District and consider the Petitioner's representation dated 10.06.2025 within a time frame that may be stipulated by this Court. For Petitioner : Mr.K.Guhan For Respondents : Mr.J.Ashok (R1 to R3) Additional Government Pleader ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) Read this order in continuation and in conjunction with order dated 02.09.2025. 2. Report is filed by the second respondent, which is dated 15.09.2025, to the effect that R4 has encroached to an extent of 0.00.29 square metres by, erecting a wall and a door on S.No.1141/14, which is reflected as a pathway or street in the revenue records. 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23834 of 2025 3. According to Mr.J.Ashok, learned Additional Government Pleader for R1 to R3, necessary instructions have been given to R3 to take action to remove the encroachment in terms of the proceedings under Section 28 of Tamil Nadu Urban Local Bodies Act, 1998. Let the needful be done within a month from today. 4. This Writ Petition stands disposed in light of this order. No costs. 5. List on 14.10.2025 under the caption 'for compliance'. [A.S.M.J.,] & [C.K.J.,] 16.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes mbi 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23834 of 2025 To 1.The District Collector, Theni District, Theni. 2.The Tahsildar, Uthamapalayam Taluk, Theni District. 3.The Executive Officer, C.Pudupatty Town Panchayat, C.Pudupatty, Uthamapalayam Taluk, Theni District. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23834 of 2025 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J. mbi Order made in W.P.(MD)No.23834 of 2025 Dated: 16.09.2025 5/5 https://www.mhc.tn.gov.in/judis