A.Vijayan v. The District Collector

ORDER [Order of the Court was made by M.SUNDAR, J.,] Mr.T.Sivaganasambandan, learned counsel for writ petitioner submits that captioned 'Writ Petition' ['WP' for the sake of brevity] has been filed with a removal of encroachment prayer qua 'Survey No.195 in Adagapatti Village, Dharmapuri District' [hereinafter 'said land' for the sake of brevity and convenience].

¶2Learned counsel submits that atleast two representations, one dated

30.12.2024 and another dated 12.03.2025 were sent to official respondents but the same have not yielded any result and that has necessitated the captioned WP.

¶3Issue notice to official respondents.

¶4Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R6.

¶5Learned State counsel submits that a survey is in the anvil and the same will be conducted as expeditiously as the business of official respondents, more particularly R3 permits, but in any event within eight Page Nos.3/7 weeks i.e., on or before 28.07.2025 after putting all concerned on notice. Learned State counsel submits that a survey report will be drawn up.

¶6If any encroachment is found qua the survey report, action under appropriate law will be initiated against alleged encroachers is learned State counsel's say. This submission is recorded.

¶7Considering the facts and circumstances of the case and the averments made in the writ affidavit, we also deem it appropriate to add that if it is a case of patta having been given qua Government land, it is open to the writ petitioner to initiate appropriate proceedings but we do not express any view or opinion on the same.

¶8Captioned WP disposed of recording the stated position of the learned State counsel.

¶9We make it clear that we are not impinging upon the rights of private respondents and / or any other noticee/s and therefore, there is no impediment in dispensing with notice to private respondents and having the main WP taken up. We do so.

¶10Though obvious we also make it clear that all the rights and contentions of the private respondents and/or any other noticee/s remain preserved untrammelled by this order. Page Nos.4/7 Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (H.C.,J.)

02.06.2025 Index : Yes / No gpa Page Nos.5/7 To

¶1The District Collector Dharmapuri Collectorate Dharmapuri – 636 708

¶2The Revenue Divisional Officer S.V.Road, Dharmapuri District – 636 701

¶3The Tahsildar Gandhi Nagar, Dharmapuri – 636 701

¶4The Village Administrative Officer Herikodi Village, Adagapadi Post Dharmapuri District – 636 803

¶5The Revenue Inspector Near Rotary Hall Dharmapuri – 636 701

¶6The District Registrar District Registrar Office S.V.Road, Dharmapuri – 636 701

¶7The General Manager Tamil Nadu Minerals Ltd., 31, Kamarajar Saalai TWAD House, Chepauk Chennai – 600 005 Page Nos.6/7 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa

02.06.2025 Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR A.Vijayan ... Petitioner Vs. 1. The District Collector Dharmapuri Collectorate Dharmapuri – 636 708 2. The Revenue Divisional Officer S.V.Road, Dharmapuri District – 636 701 3. Tahsildar Gandhi Nagar, Dharmapuri – 636 701 4. Village Administrative Officer Herikodi Village, Adagapadi Post Dharmapuri District – 636 803 5. Revenue Inspector Near Rotary Hall Dharmapuri – 636 701 6. District Registrar District Registrar Office S.V.Road, Dharmapuri – 636 701 Page Nos.1/7 7. General Manager Tamil Nadu Minerals Ltd., 31, Kamarajar Saalai TWAD House, Chepauk Chennai – 600 005 8. M.Vadivelan 9. V.Vijaya 10. M.Thangaraj 11. M.Santhagowri 12. T.Geetha 13. T.Vanitha 14.P.Jayakumar ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to consider the representations dated 30.12.2024 and 12.03.2025, to retrieve the government podukal poramboke lands to vest with government which were being used for movement of agriculture harvest produce and people in S.No.195 to its original before sub division which has been encroachment land registered illegally by the private respondents R8 to R14 and restrain them from using detonators and removing the mineral rock stones illegally without any permission from authorities in the survey No.195 situated at Adagapatti Village, Dharmapuri District or any others. For Petitioner : Mr.T.Sivagnanasambandan For Respondents : Mr.M.S.Arasakumar Government Advocate for R1 to R6 Page Nos.2/7