Madras High Court
P.Palanivel vs The District Collector on 2 September, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.32613 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.No.32613 of 2025
1.P.Palanivel
2.S.Ashok Kumar ... Petitioners
Vs.
1.The District Collector,
Namakkal District.
2.The Tahsildar,
Rasipuram Taluk,
Namakkal District.
3.The Block Development Officer
(Village Panchayat),
Rasipuram Block and Taluk,
Namakkal District.
4.The President,
Muthukallipatti Village Panchayat,
Rasipuram Taluk,
Namakkal District.
5.The Revenue Inspector,
Rasipuram Taluk, Namakkal District.
6.The Deputy Superintendent of Police,
Rasipuram Sub Division,
Namakkal Taluk and District.
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W.P.No.32613 of 2025
7.Vasantha Kumar
8.Alagesan
9.Senthil Kumar
10.Murugan ... 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 encroachment made by the respondents 7 to 10 in the
panchayat road in S.No.100, Muthukallipatti Village, Rasipuram Taluk,
Namakkal District.
For Petitioner : Mr.S.Arjun
For Respondents : Mr.T.K.Saravanan,
Additional Government Pleader
for R1 to R5
Mr.S.Raja Kumar,
Additional Public Prosecutor for R6
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] has been filed with a RoE (Removal of Encroachment) prayer qua 'Survey No.100, Muthukallipatti Village, Rasipuram Taluk, Namakkal District' (hereinafter 'said land' for the sake of convenience and clarity).
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2. Mr.S.Arjun, learned counsel for writ petitioners is before us and case of the learned counsel for writ petitioners is, there is alleged encroachment by R7 to R10 (private respondents) in said land and though 'proceedings dated 07.10.2024 bearing reference Na.Ka.No.929/2024/B3' (hereinafter 'said proceedings' for the sake of convenience and clarity) were made by R2 (Tahsildar, Rasipuram Taluk, Namakkal District), there is inaction on the part of official respondents and that has necessitated the captioned WP.
3. Issue notice to official respondents.
4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R5 and Mr.S.Raja Kumar, learned Additional Public Prosecutor accepts notice for R6.
5. Mr.T.K.Saravanan, learned Additional Government Pleader submits on instructions that after adverting to said proceedings of R2 inter alia in the light of last paragraph of said proceedings, notices under Section 7 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake Page Nos.3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 07:48:26 pm ) W.P.No.32613 of 2025 of brevity} have since been issued to alleged encroachers. These notices are dated 06.11.2024 and thereafter Section 6 orders have also been made on 09.01.2025. This submission of learned State counsel is recorded. Learned State counsel further adds that the alleged encroachers who suffered Section 6 orders have not chosen to file statutory appeals under Section 10 of said 1905 Act.
6. In the light of the stated position of learned State counsel, we find that scope of the captioned WP is very limited and therefore with the consent of learned counsel for writ petitioners and learned State counsel, main WP is taken up in the Admission Board but by making it clear that all the rights and contentions of private respondents/R7 to R10 remain preserved. In this view of the matter, we dispense with notice to private respondents/R7 to R10 and we make it clear that this order will not impact the rights of private respondents/R7 to R10 in any manner.
7. Learned State counsel submits that the proceedings that have been kickstarted under said 1905 Act will be carried to its logical end as expeditiously as the business of official respondents permits but in any event within twelve weeks from today i.e., on or before Page Nos.4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 07:48:26 pm ) W.P.No.32613 of 2025 25.11.2025 but this is subject to rights of private respondents and appeal with CoD (Condonation of Delay), if any and other quasi judicial or judicial interdicts. As already alluded to supra, all the rights and contentions of private respondents/R7 to R10 and other similarly placed persons stand preserved.
8. Captioned WP is disposed of recording the stated position of learned State counsel. There shall be no order as to costs.
(M.S.,J.) (M.S.K.,J.)
02.09.2025
Index : Yes / No
Neutral Citation : Yes / No
mmi
To
1.The District Collector,
Namakkal District.
2.The Tahsildar,
Rasipuram Taluk,
Namakkal District.
3.The Block Development Officer
(Village Panchayat),
Rasipuram Block and Taluk,
Namakkal District.
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W.P.No.32613 of 2025
4.The President,
Muthukallipatti Village Panchayat,
Rasipuram Taluk,
Namakkal District.
5.The Revenue Inspector,
Rasipuram Taluk, Namakkal District.
6.The Deputy Superintendent of Police, Rasipuram Sub Division, Namakkal Taluk and District.
Page Nos.6/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 07:48:26 pm ) W.P.No.32613 of 2025 M.SUNDAR, J., and MUMMINENI SUDHEER KUMAR, J., mmi W.P.No.32613 of 2025 02.09.2025 Page Nos.7/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 07:48:26 pm )