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Susi vs the District Collector

SUSI vs The District Collector

Type Court Judgment Court Chennai Decided Mar 24, 2026
~4 min read
https://sooperkanoon.com/case/1427249

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
WP/7523/2026

Parties & Advocates

Appellant / Petitioner

SUSI

Respondent

The District Collector

Excerpt

.....laying boundary stones. for petitioner : mr.r.sampath kumarfor respondents : mr.t.arunkumar, addl. govt. pleader for r1 to 3 & 5 mr.c.selvaraj, addl. govt. pleader for r4 mr.m.babu muthumeeran, addl. public prosecutor for r6 mr.m.elumalai for r7order(order of the court was made by s.m.subramaniam j.) the writ of mandamus has been instituted to direct the 4 th respondent block development officer of jayankondam (village panchayat) to remove the illegal encroachment made by the 7 th respondent in survey no. 118/17 measuring to an extent of 0.11 cents situated at guruvalapparkoil village, ariyalur district as ordered in na.ka.a1/2956/2025 dated 25.10.2025 by the president vigilant committee cum revenue divisional officer of udayarpalayam (2nd respondent herein) and consequently direct the page2 of 6 respondents 1 to 3 to maintain the said extent of land as public place by laying boundary stones.2. the learned counsel for the petitioner would submit that the revenueauthorities during inspection identified encroachments and issued directions to the block development / executive authority to remove the encroachments. since no further action for eviction has been initiated, the present writ petition is filed.3. the learned additional government pleader on instructions wouldsubmit that the enforcement actions have been commenced and show cause notice under section 131 of the tamil nadu panchayats act [hereinafter referred to as “the act”] has been issued to the 7th respondent by the competent authority.4. the learned counsel for the 7th respondent would submit that he is not an encroacher.5. however, the 7th respondent is at liberty to submit his explanationalong with documents, if any, in response to the notice issued by the competent authority under section 131 of the act. on receipt of any such explanation, the executive authority shall consider the same, take a final decision and thereafter proceed with the eviction of encroachments by page3 of 6 following the.....

Full Judgment

2026:MHC:1201

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Susi ..Petitioner Vs

1. The District Collector, District Collector’s Office, Ariyalur.

2. The President Vigilant Committee Cum Revenue Divisional Officer, Revenue Divisional Office of Udayarpalayam,

3. The Tahsildar Taluk Office, Jayakondam

4. The Block Development Officer (Village Panchayat), Panchayat Union Office, Jayankondam,

5. The District Collector, District Collector’s Office Cuddalore.

6. The Superintendent of Police Cuddalore, Cuddalore District.

7. Viswanathan ..Respondents Page1 of 6

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 4th respondent herein, the Block Development Officer of Jayankondam (Village Panchayat) to remove the illegal encroachment made by the 7 th respondent in survey No. 118/17 measuring to an extent of 0.11 cents situated at Guruvalapparkoil Village, Ariyalur District as ordered in NA.KA.A1/2956/2025 dated 25.10.2025 by the President Vigilant Committee Cum Revenue Divisional Officer of Udayarpalayam (2nd respondent herein) and consequently directing the respondents 1 to 3 to maintain the said extent of land as Public place by laying boundary stones. For Petitioner : Mr.R.Sampath Kumar

For Respondents : Mr.T.Arunkumar, Addl. Govt. Pleader for R1 to 3 & 5 Mr.C.Selvaraj, Addl. Govt. Pleader for R4 Mr.M.Babu Muthumeeran, Addl. Public Prosecutor for R6 Mr.M.Elumalai for R7

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the 4 th respondent Block Development Officer of Jayankondam (Village Panchayat) to remove the illegal encroachment made by the 7 th respondent in survey No. 118/17 measuring to an extent of 0.11 cents situated at Guruvalapparkoil Village, Ariyalur District as ordered in NA.KA.A1/2956/2025 dated 25.10.2025 by the President Vigilant Committee Cum Revenue Divisional Officer of Udayarpalayam (2nd respondent herein) and consequently direct the Page2 of 6 respondents 1 to 3 to maintain the said extent of land as Public place by laying boundary stones.

2. The learned counsel for the petitioner would submit that the Revenue

Authorities during inspection identified encroachments and issued directions to the Block Development / Executive Authority to remove the encroachments. Since no further action for eviction has been initiated, the present Writ Petition is filed.

3. The learned Additional Government Pleader on instructions would

submit that the enforcement actions have been commenced and show cause notice under Section 131 of the Tamil Nadu Panchayats Act [hereinafter referred to as “the Act”] has been issued to the 7th respondent by the competent Authority.

4. The learned counsel for the 7th respondent would submit that he is not an encroacher.

5. However, the 7th respondent is at liberty to submit his explanation

along with documents, if any, in response to the notice issued by the competent Authority under Section 131 of the Act. On receipt of any such explanation, the Executive Authority shall consider the same, take a final decision and thereafter proceed with the eviction of encroachments by Page3 of 6 following the procedures. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 24-03-2026 Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No DSA Page4 of 6 To

1. The District Collector, District Collector’s Office, Ariyalur.

2. The President Vigilant Committee Cum Revenue Divisional Officer, Revenue Divisional Office of Udayarpalayam,

3. The Tahsildar Taluk Office, Jayakondam

4. The Block Development Officer (Village Panchayat), Panchayat Union Office, Jayankondam,

5. The District Collector, District Collector’s Office Cuddalore.

6. The Superintendent of Police Cuddalore, Cuddalore District. Page5 of 6

S.M.SUBRAMANIAM, J.

AND

K.SURENDER, J.

DSA 24-03-2026 Page6 of 6

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