W.P.(MD) No.28675 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025 CORAM: THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD) No.28675 of 2023 M.Ramesh ... Petitioner -Vs- 1.The District Collector, Tenkasi District, Tenkasi. 2.The Block Development Officer, Vasudevanallur, Tenkasi District. 3.The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District. 4.The Village Administration Officer, Ramasamiyapuram, Kadayanallur Taluk, Tenkasi District. Page 1 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.28675 of 2023 5.V.Kannan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take necessary action in accordance with law for removal of encroachment made by the fifth respondent by constructing compound wall after affording opportunity to the party concerned, comprised in Survey No.18/3J & 18/4B to an extent of 22 feets of Street Pathway of Indra Nagar, Ramasamiyapuram, Vasudevanallur, Kadayanallur Taluk, Tenkasi District, based on the petitioner's representations dated 31.10.2021, 13.12.2021. For Petitioner : Mrs.A.Dharani For R2 to R4 : Mr.P.Thilak Kumar, Government Pleader O R D E R [Order of the Court was made by The Hon'ble CHIEF JUSTICE] The wall which the petitioner is seeking to be removed has been removed. 2. Mrs.A.Dharani, states that fifth respondent had also committed encroachments by erecting sheds and wooden logs, cement pillars etc., are dumped all along the street. Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.28675 of 2023 3. Mr.P.Thilak Kumar, states the petition will be considered as a representation and the concerned authorities would examine the ground realities and take necessary steps to ascertain whether there is an encroachment and if so, remove the encroachment in accordance with law. 4. The statement is accepted as an undertaking to this Court. 5. Respondent Nos.1 to 4 are directed to give notice to petitioner, Respondent No.5 and to petitioner in W.P.(MD)No.10240 of 2022 as well as any other person claiming right, while conducting a survey. Thereafter, orders shall be passed after affording an opportunity of personal hearing to the parties concerned. The order to be passed shall be a reasoned order. 6. Writ Petition stands disposed of in terms of above findings. There shall be no order as to costs. [K.R.SHRIRAM., C.J.] & [V.LAKSHMINARAYANAN, J.] 14.02.2025 NCC : Yes / No Index : Yes / No MR p. 3 https://www.mhc.tn.gov.in/judis W.P.(MD) No.28675 of 2023 To 1.The District Collector, Tenkasi District, Tenkasi. 2.The Block Development Officer, Vasudevanallur, Tenkasi District. 3.The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District. 4.The Village Administration Officer, Ramasamiyapuram, Kadayanallur Taluk, Tenkasi District. Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.28675 of 2023 THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN , J. MR W.P.(MD) No.28675 of 2023 14.02.2025 p. 5 https://www.mhc.tn.gov.in/judis