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2025 DAILYLAW 86930 (MAD)

E.KARTHIKEYAN v. THE DISTRICT COLLECTOR

WP/33006/2025 · 2025-09-01

G Arul Murugan

Transfer Petitionbody2025

Judgment text

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WP No.33006 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.09.2025 CORAM THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN WP No.33006 of 2025 E.Karthikeyan : Petitioner versus 1.The District Collector, Tiruppur District, Tiruppur 2.The Tahsildar, Kangeyam Taluk, Tiruppur District 3.D.Mohanraj 4.R.Dhanasekar 5.Rajkumar 6.Ramasamy : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to take appropriate action to remove the encroachment made by the 3rd to 6th respondents without proper permission and approval by the concerned authorities in the Government land classified as Paarai Kundru Rocky Hill bearing Survey No.1023/1 situated in Perumal Malai Sivanmalai Panchayat of Kangeyam Taluk, Tiruppur District by considering the petitioner's representation dated 28.07.2025. For Petitioner : Mr.R.Raghul https://www.mhc.tn.gov.in/judis WP No.33006 of 2025 For Respondents : Mr.M.Habeeb Rahman, Government Advocate, for respondents 1 and 2 ORDER (Order of the Court was made by the Hon'ble Chief Justice) This public interest litigation has been filed alleging that the private respondents have been encroaching upon poromboke land time and again. 2. The petition has been filed because the petitioner apprehends that again, the private respondents may proceed to encroach upon the land wherefrom they were earlier removed. A representation was made on 28.07.2025 to the authorities to take preventive action and thereafter, this petition has been filed. In paragraph 9 of the affidavit, it has been clearly stated that earlier, encroachment has been removed. The other averment made is that the private respondents are again trying to build a private temple/place the removed readymade constructed temple block in the encroached land. Page 2 of 4 https://www.mhc.tn.gov.in/judis WP No.33006 of 2025 3. It goes without saying that if at all any encroachment is made on a Government land, the same is required to be removed. We are of the view that this petition is quite premature. Only on an apprehension that the encroachment may again be made, this petition has been filed, after giving representation. In case any encroachment is made, it will be open for the petitioner to approach the authorities. 4. The petition stands dismissed. There will be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 01.09.2025 Index : Yes/No Neutral Citation : Yes/No tar To 1.The District Collector, Tiruppur District, Tiruppur 2.The Tahsildar, Kangeyam Taluk, Tiruppur District https://www.mhc.tn.gov.in/judis WP No.33006 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J. (tar) WP No.33006 of 2025 01.09.2025 https://www.mhc.tn.gov.in/judis