WP No. 37664 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-11-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P No. 37664 of 2025 K.Rajavelu S/o. Kannan, West Street, Kottaiyur Village, Kallakurichi Taluk, Kallakurichi District -606 305. ..Petitioner Vs 1.The District Collector Kallakurichi District. 2.The District Revenue Officer, Kallakurichi District. 3.The Revenue Divisional Officer, Kallakurichi District. 4.The Tahsildar, Kallakurichi Taluk, Kallakurichi District. 5.A.Chinnathambi 6.S.Mayavan 7.K.Semmalai 8.K.Kasi ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing Respondents 1 to 4 to take necessary and appropriate action immediately by considering petitioners representation made in C.P. No. A2/328/2024 dated 07.10.2024 for removal of the encroachments made by Respondents 5 to 8 in the stream comprised in S.No. 1/6,Kottaiyur Village, KallaKurichi District, and to restore the natural water flow of stream to the Kottaiyur Village Pond. For Petitioner : Ms.V.Sasirekha For Respondents : Ms.M.Jayanthy https://www.mhc.tn.gov.in/judis WP No. 37664 of 2025 Additional Government Pleader - for RR 1 to 4 R5 to R8 - Notice dispensed with ORDER (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Mandamus directing Respondents 1 to 4 to take necessary and appropriate action immediately by considering petitioners representation made in C.P. No. A2/328/2024 dated 07.10.2024 for removal of the encroachments made by Respondents 5 to 8 in the stream comprised in S.No. 1/6,Kottaiyur Village, KallaKurichi District, and to restore the natural water flow of stream to the Kottaiyur Village Pond. 2. In order to remove the encroachment at S.No.1/6, Kottaiyur Village, Kallakurichi District, the petitioner had given a representation, which in fact was forwarded by the third respondent to the fourth respondent on 07.10.2024. However, thereafter since no action has been taken by the fourth respondent, the present writ petition has been filed. 3. Heard Ms.V.Sasirekha learned counsel for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents 1 to 4. In view of the order that is going to be passed in this writ petition, notice to the private respondents 5 to 8 is hereby dispensed with. Page 2 of 5 https://www.mhc.tn.gov.in/judis WP No. 37664 of 2025 4. Today when the case is taken up for hearing, the learned Additional Government Pleader would submit that, already a survey has been conducted in the land in question, where encroachment has been found out, based on which, necessary Form-1 procedure are being followed and thereafter with the help of the local bodies, steps would be taken to remove such encroachment made by either the private respondents or any other third parties within a time frame that may be stipulated by this Court. 5. In support of her contention, a copy of the written instructions given by the fourth respondent dated 05.11.2025, wherein inter alia the fourth respondent has stated the following: @fs;sf;Fwpr;rp khtl;lk ; kw;Wk ; tl;lk;. bfhl;ila{h; fpuhkj;ijr ; nrh;e;j jpU/uh$ntY j/bg/fz;zd ; vd;gth; Mf;fpukpg;gpid mfw;wf;nfhhp tHf;F bjhlh;e;Js;s bfhl;ila{h; fpuhk g[y vz; 1-6 apy; 4/00/0 b\f;nlh; r/g[w.Xil vd fpuhk tUtha ; fzf;Ffspy ; jhf;fyhfp cs;sJ/ tprhuizapy ; nkw;go fpuhkj;ijr ; nrh;e;j jpUthsh;fs ; (1) rpd;dj;jk;gp j/bg/MWKfk; (2) brk;kiy j/bg/fz;zd; (3) fhrp j/bg/fz;zd ; kw;Wk ; cSe;Jhh;ngl;il tl;lk;. rPak';fyk ; fpuhkj;ijr ; nrh;e;j (4) khatd ; kw;Wk ; rpyh; Mf;fpukpg;g[ bra;Js;sjhf bjhpate;jJ/ ,jidj; bjhlh;e;J nkw;f;fz;l Mf;fpukz';fs ; Fwpj;J Kiwahf mstPL bra;J gotk; 1 jahh; bra;a[k; gzp nkw;bfhs;sg;gl;L tUfpwJ vdt[k; xU thu fhyj;jpw;Fs; nkw;fz;l gzpfs; epiwt[w;W rk;ke;jg;gl;l cs;shl;rp mikg;g[ld ; ,ize;J Mf;fpukpg;g [ rl;l tpjpfspd;go Mf;fpukz';fis mfw;wk; bra;jpl eltof;if nkw;bfhs;sg;gLk ; vdt[k ; gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/@ https://www.mhc.tn.gov.in/judis WP No. 37664 of 2025 6. Having regard to the stand taken by the official respondents as stated by the learned Additional Government Pleader, we are inclined to dispose of this writ petition with the following directions. (a)There shall be a direction to the fourth respondent to proceed further as stated in his instructions dated 05.11.2025 towards the removal of encroachment as found out in the land in question, of course after giving notice to the private respondents or any other encroachers under the provisions of the Land Encroachment Act or Tamil Nadu Panchayat Act, as the case may be and remove such encroachment thereafter in accordance with law. (b) (c)The needful as indicated above shall be undertaken by the fourth respondent within a period of two months from the date of receipt of a copy of this order. With the above directions, this writ petition is disposed of. No costs. (R.S.K.,J.) (H.C.,J.) 05-11-2025 Index: Yes/No Neutral Citation: Yes/No KST To 1.The District Collector, Kallakurichi District. 2.The District Revenue Officer, Kallakurichi District. 3.The Revenue Divisional Officer, Kallakurichi District. 4.The Tashildar, Kallakurichi Taluk, Kallakurichi District. Page 4 of 5 https://www.mhc.tn.gov.in/judis WP No. 37664 of 2025 R.SURESH KUMAR J. AND HEMANT CHANDANGOUDAR J. KST WP No. 37664 of 2025 05-11-2025 https://www.mhc.tn.gov.in/judis