Narasimmarajan 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 1 to 4 to remove the encroachments made by the Respondents 5 to 7 in the Government Anatheenam land in S.No.293/2, situated at Ittaikal Agaram Revenue Village, Krishnagiri Taluk, Krishnagiri District, based on the application of the petitioner dated 07.03.2025 and consequently, direct the respondents 1 to 4 to restore the said land as its original position.

¶2Learned Additional Government Pleader appearing on behalf of the respondents would state that during the course of survey, the authorities have identified encroachments made in Government property. Thus, the competent authorities have decided to initiate enforcement action for removal of Page3 of 5 encroachments by following the procedures.

¶3Learned counsel appearing for the private respondents Nos.5 to 7 would oppose by stating that there is an order passed by the High Court in the second appeal and the private respondents are not encroachers. The petitioner has set up a false case against the private respondents.

¶4High Court cannot conduct adjudication in respect of disputed facts of civil nature which requires examination of documents by competent authorities. Further, the respondents 5 to 7 claim title/ownership in respect of the subject property, their remedy is before the Civil Court. If the respondents relied on the judgment of the High Court, the same may be submitted before the competent authority for consideration.

¶5Learned counsel for the petitioner would submit that the Second Appeal judgment is not connected with the subject property which has been encroached upon by 5th to 7th respondents. All these disputed facts are to be resolved by conducting enquiry by the competent authority after issuing show cause notice to the encroachers. It is also brought to the notice of this Court that Section 7 notice has already been issued to the encroachers.

¶6That being the factum, the noticees are at liberty to subject their explanations within the time line fixed by the authorities and thereafter, the Page4 of 5 authorities may consider the documents and pass final orders and proceed with the enforcement action for removal of encroachments, if any identified. Such exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

¶7With these directions, the Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 09-04-2026 Index: Yes/No Speaking/Non-speaking order vsi To

¶1The District Collector Krishnagiri District, Krishnagiri.

¶2The District Revenue Officer Krishnagiri District, Krishnagiri.

¶3The Revenue Divisional Officer Krishnagiri Revenue Division, Krishnagiri District, Krishnagiri.

¶4The Tahsildhar Krishnagiri Taluk, Krishnagiri, Krishnagiri District, . WPoNo.o41332oofo2025 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. vsi WPeNo.e41332eofe2025 09-04-2026 Page5oofo5

2026:MHC:1469 Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Narasimmarajan S/o. Late P.R. Narasimman, Balaguri Village, Bellarampalli Post, Krishnagiri Taluk, Krishnagiri District. ..Petitioner(s) Vs 1. The District Collector Krishnagiri District, Krishnagiri. 2. The District Revenue Officer Krishnagiri District, Krishnagiri. 3. The Revenue Divisional Officer Krishnagiri Revenue Division, Krishnagiri District, Krishnagiri. 4. The Tahsildhar Krishnagiri Taluk, Krishnagiri, Krishnagiri District, . 5. Elango S/o. Mr. Thimmarayan, Balaguri Village, Bellarmpalli Post, -635 122, Krishnagiri Taluk, Krishnagiri District. 6. Amutha D/o. Mr. Thimmarayan, Balaguri Village, Bellarmpalli Post, -635 122, Krishnagiri Taluk, Krishnagiri District. 7. Deepa W/o. Sivakumar, No.5/46, Mourunahalli Village, Doddathimmanahalli -635 116, Denkanikottai Taluk, Krishangiri District. ..Respondent(s) Page2 of 5 To direct the Respondents 1 to 4 remove the encroachments made by the Respondents 5 to 7 in the Government Anatheenam land in S.No.293/2, situated at Ittaikal Agaram Revenue Village, Krishnagiri Taluk, Krishnagiri District based on the application of the petitioner dated 07.03.2025 and consequently direct the respondents 1 to 4 to restore the said land as its original position For Petitioner(s): Mr.M.R. Jothimanian For Respondent(s): Mr.T.Arun Kumar, Addl.Govt.Pleader for R1 to R4 , Mr.T.Sundaravadanam for R5 to R7