W.P.No.6901 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.08.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.6901 of 2022 E.Thanikachalam ... Petitioner vs. 1. The District Collector Ranipet District 2. The Revenue Divisional Officer Arakkonam, Ranipet, Vellore District 3. The Thasildar Arakkonam, Ranipet Vellore District 4. Block Development Officer Nemili Taluk Ranipet District 5. The Panchayat President Murungai Village Arakonam Taluk Vellore District ... Respondents Page Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.6901 of 2022 Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus forbearing the respondents from laying road in the petitioner's patta land, patta No.267 in Survey Nos.17/9A, 11/1B6 and 17/9B at Murungai Village, Arakonam Taluk, Vellore District and further direct Respondents 1 to 3 to consider the petitioner's representation dated 03.03.2022. For petitioner : Mr. S.Karthikeyan For Respondents : Mr. K.Suresh Government Advocate for R1 to R3 Mr.T.N.C.Kaushik Additional Government Pleader for R4 & R5 ORDER [Order of the Court was made by M.SUNDAR, J.] Subject matter of captioned 'Writ Petition' ['WP' for the sake of brevity] is three parcels of land, first comprised in 'S.No.17/9A' ('I parcel of land' for the sake of convenience), second comprised in S.No.11/1B6 ('II parcel of land' for the sake of convenience) and third comprised in S.No.17/9B ('III parcel of land' for the sake of convenience), all in 119, Page Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.6901 of 2022 Murungai Village, Arakkonam Taluk, Vellore District' ['said lands' for the sake of brevity]. 2. Mr.S.Karthikeyan, learned counsel for writ petitioner, Mr.K.Suresh, learned Government Advocate for Respondents 1 to 3 and Mr.T.N.C.Kaushik, learned counsel for Respondents 4 and 5 are before us. 3. As regards III parcel of land i.e., S.No.17/9B, there is no disputation between both sides that it is patta land and there is no encroachment. 4. As regards I parcel of land i.e., S.No.17/9A, it is Nilaviyal Pathai covered by RSO 26(15). 5. This leaves us with II parcel of land i.e., 11/1B6. As regards II parcel of land, there is a disputation as to whether there is encroachment (encroachment by way of laying road) or not. While learned counsel for writ petitioner contends that there is encroachment, learned State counsel Page Nos.3/6 https://www.mhc.tn.gov.in/judis W.P.No.6901 of 2022 contends to the contrary and submits that there is no encroachment. Learned State counsel adds that a survey can be conducted and if any encroachment is found in II parcel of land, the same will be removed or adequate compensation with regard to Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, will be paid. Therefore, we make the following order: i) There shall be a survey of II parcel of land by R2 (Revenue Divisional Officer, Ranipet District) within eight weeks from today i.e., on or before 06.10.2025, after putting on notice the writ petitioner and making it clear that writ petitioner will be entitled to remain present throughout the survey; ii) Survey report shall be drawn up by R2; and iii) If any encroachment is found in II parcel of land, necessary 'RoE' ['Removal of Encroachment'] steps in accordance with law shall be initiated within four weeks therefrom i.e., on or before 03.11.2025. Page Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.6901 of 2022 Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs. [M.S., J.] [H.C., J.] 11.08.2025 Index : Yes / No Neutral Citation : Yes / No gpa P.S: Though captioned writ petition is disposed of, list under the cause list caption 'FOR ACTION TAKEN REPORT' on 07.11.2025. To 1. The District Collector Ranipet District 2. The Revenue Divisional Officer Arakonam, Ranipet, Vellore District 3. The Thasildar Arakonam, Ranipet Vellore District 4. Block Development Officer Nemili Taluk Ranipet District 5. The Panchayat President Murungai Village Arakonam Taluk Vellore District Page Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.6901 of 2022 M.SUNDAR, J. and HEMANT CHANDANGOUDAR, J. gpa W.P.No.6901 of 2022 11.08.2025 Page Nos.6/6 https://www.mhc.tn.gov.in/judis