D.Soosai v. The District Collector

ORDER This writ petition has been filed to direct the respondents 1 to 6 to remove the encroachment made by the 7th respondent over the lands morefully described in the prayer to this writ petition, which were already gifted to the Panchayat by the 7th respondent based on the Gift Settlement Deed bearing Document No. 2018/2018 dated 21.06.2018.

¶2The petitioner claims that the 7th respondent having already gifted the lands morefully described in the prayer of this writ petition in favour of the Panchayat, through the aforesaid gift deed dated 21.06.2018, has now illegally encroached a portion of the said land thereby blocking the public road.

¶3The petitioner had given a representation on 31.01.2026 to the official respondents requesting them to remove the alleged encroachment made by the 7th respondent. Since the said representation has not been considered till date, the petitioner has filed this writ petition.

¶4Mr. N. Muthuvel, learned Government Advocate accepts notice on behalf of respondents 2 and 5. Mr. N. Naveen Kumar, learned Government Advocate accepts notice on behalf of respondents 1, 3, 4 and 6.

¶5This Court is not expressing any opinion on the merits of the petitioner's representation.

¶6No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law, after hearing the objections of the 7th respondent and any other third party whom the second respondent deems fit to enquire within a time frame to be fixed by this Court.

¶7The second respondent is the competent authority to adjudicate the petitioner's representation.

¶8For the foregoing reasons, this writ petition is disposed of by directing the second respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 31.01.2026, seeking for removal of the alleged encroachment made by the 7th respondent over the property morefully described in the prayer to this writ petition, which according to the petitioner was already gifted by the 7th respondent to the Panchayat under the Gift Settlement Deed bearing Document No. 2018/2018 dated 21.06.2018 after hearing the objections of the 7th respondent and any other third party whom the second respondent deems fit to enquire, within a period of four months from the date of receipt of a copy of this order. No Costs. Consequently, W.M.P. No.8873 of 2026 is ordered subject to payment of separate Court fee and W.M.P. No.8875 of 2026 is closed. 09-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.The District Collector Dharmapuri District, Dharmapuri.

2.The Block Development Officer(Village Panchayat) Pennagaram Taluk, Dharmapuri District.

3.The Village administrative officer Koothapadi village, Pennagaram Taluk, Dharmapuri District.

4.The tahsildar Pennagaram Taluk, Dharmapuri District.

5.The Executive officer Koothapadi panchayat, Pennagaram Taluk, Dharmapuri District.

6.The Deputy Director of Town and coutnry planning Dharmapuri region, Dharmapuri.

7.Ramakrishnan son of paramasivam Doro No.1/17/2, Nallapatti vilalge, B-Agraharam Pennagaram, Dharmapuri-636 810 WPeNo.e8191eofe2026 ABDULoQUDDHOSEoJ. ab WPoNo.o8191oofo2026 ANDoWMPoNO.o8875o OFo2026,WMPoNO.o8873o OFo2026 09-03-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 8875 OF 2026,WMP NO. 8873 OF 2026 1. D.Soosai S/o.Devanayagam, Mathakovil Street, Ootamalai, Hogenakkal Post, Pennagaram taluk, Koothapadi vilalge, Dharmapuri district-636 810 2. Murugesan s/o.Karoorn Koothapadi Village and Post, Pennagaram Taluk, Dharmapuri District. Petitioner(s) Vs 1. The District Collector Dharmapuri District, Dharmapuri. 2.The Block Development Officer(Village Panchayat) Pennagaram Taluk, Dharmapuri District. 3.The Village administrative officer Koothapadi village, Pennagaram Taluk, Dharmapuri District. 4.The tahsildar Pennagaram Taluk, Dharmapuri District. 5.The Executive officer Koothapadi panchayat, Pennagaram Taluk, Dharmapuri District. 6.The Deputy Director of Town and coutnry planning Dharmapuri region, Dharmapuri. 7.Ramakrishnan son of paramasivam Doro No.1/17/2, Nallapatti vilalge, B- Agraharam Pennagaram, Dharmapuri-636 810 Respondent(s) PRAYER Directing respondents 1 to 6 collectively to convert the excess land held by the 7th respondent under i)survey No.1104/1, measuring 20 x 2 feet, ii)survey No.1104/4B, measuring 114 x 2 feet as public road along with the existing AA panchayath road, in addition to the Gift settlement deed bearing Document No.2018/2028 dated 21.06.2018 For Petitioner(s): Mr.Ar.M.Arunachalam For Respondent(s): Mr.N.Naveenkumar Govt Advocate For R1 ,R3,R4 and R6 Mr.Muthuvel For R2 and R5