P. Chinnavellaiyan v. The District Collector

ORDER (Order of the Court was made by S. Sounthar J.) This writ petition has been filed seeking to direct the respondents 1 to 4 to consider the petitioner's representation dated 11.11.2025 and to consequently, direct the respondents 1 to 4 to remove the illegal encroachment made by the respondents 5 to 8 on the public tar road situated in K.Puthur Village, Yercaud Taluk, Salem District.

¶2Mr.T.K.Saravanan, learned Additional Government Pleader, takes notice on behalf of the respondents 1 to 4. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.

¶3Since no order adverse to the interest of the respondents 5 to 8 has been passed, notice to the respondents 5 to 8 is dispensed with.

¶4It is the case of the petitioner that he is the owner of the agricultural lands comprised in S.Nos.54/6, 60/32 and 54/13, totally measuring an extent of 0.62 acres situated at K.Puthur Village, Yercaud Taluk, Salem District and the same was acquired by him, vide registered Settlement deed dated

17.03.1997 bearing Doc.No.132 of 1997 executed by his father, viz., Poosari Vellaiyan. A 25 foot wide tar road, extending for one kilometer, laid by the Government runs adjacent to the petitioner's land comprised in S.No.54/13 and the same has been used by the petitioner as well as the general public for their daily commute and the transportation of goods. However, the private respondents herein encroached the said public road and erected a fence, thereby, obstructing the petitioner's access to his coffee plantation, which had resulted in a financial loss to the tune of Rs.1,00,000/-. When the same was questioned by the petitioner, the private respondents threatened the petitioner with dire consequences. Aggrieved by the same, the petitioner made several representations before the official respondents seeking removal of the illegal encroachment made by the private respondents and to survey his land comprised in S.No.54/13 and he also paid the requisite fee for the same. Further, the petitioner lodged a police complaint dated 12.11.2025 and though the same was registered and CSR.No.300 of 2025 was issued on

13.11.2025, there has been no further progress, despite the gravity of the case. The latest representation made by the petitioner before the respondents 1 to 4 in this regard was on 11.11.2025. However, till date, no action has been taken by the official respondents. Hence, the petitioners have come before this Court with the above mentioned prayer.

¶5Learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the representation submitted by the petitioner will be considered by the 2nd respondent in accordance with the law.

¶6In view of the above, this Court, without going into the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 11.11.2025 and pass final orders on its own merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner, private respondents and other interested parties, if any.

¶7With the above direction, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (S.S.,J.) (P.B.B.,J.)

07.05.2026 gd/skt Index : Yes/No Speaking/Non-speaking order : Yes/No : Yes/No To:

¶1The District Collector, Office of the District Collector, Salem District.

¶2The Tahsildar, Tahsildar Office, Yercaud Taluk, Salem District – 636 601.

¶3The Commissioner, Panchayat Union Office, Yercaud, Salem District – 636 601.

¶4The Inspector of Police, Yercaud Police Station, Yercaud, Salem District – 636 601.

S. SOUNTHAR, J. AND

P.B. BALAJI, J. gd/skt

07.05.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.05.2026 CORAM: THE HON'BLE MR JUSTICE S. SOUNTHAR AND THE HON'BLE MR.JUSTICE P.B. BALAJI and W.M.P.No.19812 of 2026 P.Chinnavellaiyan ...Petitioner Vs. 1. The District Collector, Office of the District Collector, Salem District. 2. The Tahsildar, Tahsildar Office, Yercaud Taluk, Salem District – 636 601. 3. The Commissioner, Panchayat Union Office, Yercaud, Salem District – 636 601. 4. The Inspector of Police, Yercaud Police Station, Yercaud, Salem District – 636 601. 5. M.Shanmugam 6. Dhanabakiyam 7. M.Sivaji 8. Kasimalar ...Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, seeking to direct the respondents 1 to 4 to consider the representation dated 11.11.2025 and consequently, direct the respondents 1 to 4 to remove the illegal encroachment made by the respondents 5 to 8 on the public tar road situated in K.Puthur Village, Yercaud Taluk, Salem District, within a time frame to be stipulated by this Court. For Petitioner : Mr.J.Prakasam For Respondents : Mr.T.K.Saravanan, AGP, for R1 to R4