Rajavel v. The District Collector

ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ of mandamus has been instituted to direct the respondents No. 1 to 9 herein to remove the encroachments in the Survey No. 53 to the extent of

23.78.50 Hectare and the pathway encroachments made in Survey No. 48 to the extent of 12.5 ft wide river pathway in the Kongarapatti Revenue Village in the Karimangalam Taluk of the Dharmapuri District classified as "Thenpennai river" made by Respondents 10 to 16 and others as per G.O. Ms.No.64, Revenue and disaster Management Department-Land Disposal wing LD 6 (2) Section dated 08.02.2022 within the stipulated time prescribed by this Court.

¶2Learned Additional Government Pleader appearing for the respondents 1, 3 to 9 would submit that encroachments are identified. The alleged encroacher preferred an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'Act'). Only after disposal of the statutory appeal, all further enforcement action will be taken by the competent authority.

¶3Learned counsel for the respondents would oppose by stating that the respondents 10 to 16 are the owners of the subject properties. They have produced necessary documents before the District Collector to establish their ownership. Page4 of 6

¶4May that as it be, District Collector has to conduct an enquiry in respect of the statutory appeal under Section 10 of the Act, and dispose of the same within a period of 12 weeks from the date of receipt of copy of this order. After disposal of the statutory appeal, all further action, if necessary, shall be taken by following the procedure as contemplated under the law.

¶5Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No Speaking/Non-speaking order GD To

¶1The District Collector District Collectors Office, Dharmapuri District 636 705

¶2The Superintendent Of Police District Police Office, Dharmapuri District 636

¶3The District Revenue Officer Dharmapuri District 636 705

¶4The Revenue Divisional Officer Dharmapuri Revenue Division, Dharmapuri District 636 701

¶5The Additional Director-Survey And Land Settlement, District Collectors Office, Dharmapuri District 636 705

¶6The Executive Engineer-Water Resources Page5 of 6 Public Works Department, Near District Collectors Office, Dharmapuri District 636 705

¶7The Tahsildar Karimangalam Taluk Office, Karimangalam Taluk, Dharmapuri District 635 111

¶8The Block Development Officer Karimangalam Development Block, Karimangalam Taluk, Dharmapuri District 635

¶9The President Kongarapatti Panchayat, Karimangalam Taluk, Dharmapuri District 635 202 WPoNo.o13041oofo2024 S.M.SUBRAMANIAM,eJ. AND K.KUMARESHeBABU,eJ. GD WPeNo.e13041eofe2024 30-03-2026 Page6oofo6

2026:MHC:1360 Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU Rajavel ..Petitioner(s) Vs 1. The District Collector District Collectors Office, Dharmapuri District 636 705 2. The Superintendent Of Police District Police Office, Dharmapuri District 636 705 3. The District Revenue Officer Dharmapuri District 636 705 4. The Revenue Divisional Officer Dharmapuri Revenue Division, Dharmapuri District 636 701 5. The Additional Director- Survey And Land Settlement, District Collectors Office, Dharmapuri District 636 705 6. The Executive Engineer- Water Resources Public Works Department, Near District Collectors Office, Dharmapuri District 636 705 7. The Tahsildar Karimangalam Taluk Office, Karimangalam Taluk, Dharmapuri District 635 111 8. The Block Development Officer Karimangalam Development Block, Karimangalam Taluk, Dharmapuri District 635 111 Page2 of 6 9. The President Kongarapatti Panchayat, Karimangalam Taluk, Dharmapuri District 635 202 10.Pushpa 11.Palani 12.Sampath 13.Selva Kumar 14.Thirumal 15.Kandhan 16.Arul @ Arulanandham ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the respondents No. 1 to 9 herein to remove the encroachments in the Survey No. 53 to the extent of 23.78.50 Hectare and the pathway encroachments made in Survey No. 48 to the extent of 12.5 ft wide river pathway in the Kongarapatti Revenue Village in the Karimangalam Taluk of the Dharmapuri District classified as "Thenpennai river" made by Respondents No. 10 to 16 and others as per G.O. Ms.No.64, Revenue and disaster Management Department- Land Disposal wing LD 6 (2) Section dated 08.02.2022 within the stipulated time prescribed by this Court. For Petitioner(s): Mr. D.Senthil Kumar For Respondent(s): Mr.T.Arun Kumar Additional Government Pleader for R1,3&9 Mr.M.Babu Muthumeeran Additional Public Prosecutor for R2 Mr.C.Prabakaran for R10-26 Page3 of 6