B. Gopinath v. The District Collector

ORDER [Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'R.S.No.117B/6A at Vadakkupattam Village, Valangaiman Taluk, Thiruvarur District' (hereinafter 'said land' for the sake of convenience and clarity)

¶2Request for removal of aforereferred alleged encroachment by way of a representation dated 08.02.2025 has not yielded results and that has necessitated captioned WP, is the submission of learned counsel for writ petitioner. Page Nos.2/5

¶3Issue notice to official respondents.

¶4Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R3.

¶5Learned State counsel submits that survey of said land will be done within a period of six weeks from today, i.e., on or before

08.08.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) or under the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) or any other appropriate / applicable statute as expeditiously as the business of official respondents would permit but in any event within a period of six weeks therefrom, i.e., on or before 19.09.2025. This submission is recorded.

¶6Though obvious, we make it clear that all the rights and contentions of R4 stand preserved and this order does not impinge upon his rights. Therefore, there is no impediment in dispensing with notice to private respondent and taking up the captioned WP with the Page Nos.3/5 consent of the learned State counsel and learned counsel for writ petitioner. We do so.

¶7In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel. There shall be no order as to costs. (M.S.,J.) (H.C.,J.)

27.06.2025 Index : Yes / No mmi To

1.The District Collector, Thiruvarur District, Collectorate, Master Plan Complex, Nagapattinam Road, Thiruvarur – 610 004.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, South Main Street, Thiruvarur – 610 004.

3.The Tahsildar, Taluk Office, Valangaiman & Post, Thiruvarur District. Page Nos.4/5 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi

27.06.2025 Page Nos.5/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR B.Gopinath ... Petitioner Vs. 1.The District Collector, Thiruvarur District, Collectorate, Master Plan Complex, Nagapattinam Road, Thiruvarur – 610 004. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, South Main Street, Thiruvarur – 610 004. 3.The Tahsildar, Taluk Office, Valangaiman & Post, Thiruvarur District. 4.N.Vijay .. Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 3 herein to take action on the petitioner's representation/lawyer's notice Page Nos.1/5 dated 08.02.2025 to remove the encroachments made by the fourth respondent in Pathai Porambokku (pathway porambokku) in R.S.No.117B/6A at Vadakkupattam Village, Valangaiman Taluk, Thiruvarur District or direct the third respondent to take action on the petitioner's representation as per the directions issued by the respondents 1 and 2 herein dated 03.03.2025 and 21.02.2025 respectively. For Petitioner : Mr.A.Muthukumar For Respondents : Mr.T.K.Saravanan, Additional Government Pleader for R1 to R3