Devarajan v. The District Collector

ORDER [made by M.SUNDAR, J.,] Captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) has been filed alleging encroachments in 'Survey Nos.875/11 and Page Nos.2/6 876/6 of Maylambadi Village, Bhavani Taluk, Erode District' (hereinafter 'said lands' for the sake of convenience and clarity).

¶2Learned counsel for writ petitioner submits that said lands are panchayat road, RR 7 to 10 have encroached upon the same, there is inaction on the part of official respondents and that has necessitated the captioned WP, is his further say.

¶3Issue notice to official respondents.

¶4Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 5 and Mr. V. Ravi, learned Special Government Pleader, accepts notice for R6.

¶5Learned State counsel for RR 1 to 5, on instructions, submits that a survey was conducted on 30.09.2024 qua said lands and no encroachment has been found.

¶6To the aforesaid submission, learned counsel for writ petitioner drew our attention to communication of R4 (Special Page Nos.3/6 Tahsildar, Adi Dravidar and Tribal Welfare Department, Erode) dated

20.05.2024 bearing reference Na.Ka.No.191/2023/A and submitted that the survey report is incorrect.

¶7We find that aforementioned 20.05.2024 communication of R4 pertains to survey nos.875/16, 876 and 877 whereas said lands, even according to the writ petitioner, are situate in survey nos.875/11 and 876/6. Therefore, we are of the considered view that the communication of R4 dated 20.05.2024 does not come to the aid of the writ petitioner.

¶8Be that as it may, writ petitioner has been favoured with a copy of the survey report now by the learned State counsel for RR 1 to 5 i.e., report of survey done on 30.09.2024, alluded to supra. All the rights and contentions of writ petitioner are preserved for assailing the survey report, if so advised and if so desired. Page Nos.4/6

¶9Captioned WP stands disposed of with the aforesaid observations and preservation of rights and contentions of writ petitioner. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.)

24.02.2025 cad Index : Yes / No Speaking / Non-speaking order Page Nos.5/6

M.SUNDAR, J. and

K.GOVINDARAJAN THILAKAVADI, J. cad To

¶1The District Collector Erode District Erode 638 001

¶2The District Adi Dravidar & Tribal Welfare Officer Adi Dravidar & Tribal Welfare Department VI Floor Additional Collectorate Building Erode 638 001

¶3The Revenue Divisional Officer Erode Erode District

¶4The Special Tahsildar Adi Dravidar and Tribal Welfare Department Erode

¶5The Tahsildar Bhavani Taluk Office Bhavani Erode 638 301

¶6The Executive Officer Mylambadi Panchayat Mylambadi Panchayat Office Mylambadi Post, Bhavani Taluk, Erode

24.02.2025 Page Nos.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Devarajan Petitioner vs. 1. The District Collector Erode District Erode 638 001 2. The District Adi Dravidar & Tribal Welfare Officer Adi Dravidar & Tribal Welfare Department VI Floor Additional Collectorate Building Erode 638 001 3. The Revenue Divisional Officer Erode Erode District 4. The Special Tahsildar Adi Dravidar and Tribal Welfare Department Erode 5. The Tahsildar Bhavani Taluk Office Bhavani Erode 638 301 6. The Executive Officer Mylambadi Panchayat Mylambadi Panchayat Office Mylambadi Post, Bhavani Taluk, Erode Page Nos.1/6 7. S.P. Eswaran 8. S. Praneesh 9. S. Dhamotharan 10. S. Ashok Kumar Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 6 to remove the illegal encroachment of panchayat road in Survey Nos.875/11 and 876/6 of Maylambadi Village, Bhavani Taluk, Erode District made by the respondents 7 to 10, thereby restoring the panchayat road to its original position. For petitioner Mr. P. Vetrivel For RR 1 to 5 Mr. T.K. Saravanan Additional Government Pleader For R6 Mr. V. Ravi Special Government Pleader