Rajavel vs the District Collector

Rajavel vs The District Collector

Type Court Judgment Court Chennai Decided Mar 30, 2026

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Citation: sooperkanoon.com/1441544
Court: Chennai High Court
Judge: Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Kumaresh Babu
Decided On: Mar 30, 2026
Case Number: WP/13041/2024

Parties & Advocates

Appellant / Petitioner

Rajavel

Respondent

The District Collector

Excerpt

.....time prescribed by this court. for petitioner(s): mr. d.senthil kumarfor respondent(s): mr.t.arun kumar additional government pleader for r1,3&9 mr.m.babu muthumeeran additional public prosecutor for r2 mr.c.prabakaran for r10-26 page2 of 6order(order of the court was made by s.m.subramaniam j.) writ of mandamus has been instituted to direct the respondents no. 1 to 9 herein to remove the encroachments in the survey no. 53 to the extent of 23.78.50 hectare and the pathway encroachments made in survey no. 48 to the extent of 12.5 ft wide river pathway in the kongarapatti revenue village in the karimangalam taluk of the dharmapuri district classified as “thenpennai river” made by respondents 10 to 16 and others as per g.o. ms.no.64, revenue and disaster management department- land disposal wing ld 6 (2) section dated 08.02.2022 within the stipulated time prescribed by this court.2. learned additional government pleader appearing for therespondents 1, 3 to 9 would submit that encroachments are identified. the alleged encroacher preferred an appeal before the district collector under section 10 of the tamil nadu land encroachment act, 1905 (hereinafter referred to as ‘act’). only after disposal of the statutory appeal, all further enforcement action will be taken by the competent authority.3. learned counsel for the respondents would oppose by stating thatthe respondents 10 to 16 are the owners of the subject properties. they have produced necessary documents before the district collector to establish their ownership. page3 of 64. may that as it be, district collector has to conduct an enquiry inrespect of the statutory appeal under section 10 of the act, and dispose of the same within a period of 12 weeks from the date of receipt of copy of this order. after disposal of the statutory appeal, all further action, if necessary, shall be taken by following the procedure as contemplated under the law.5. accordingly, the writ petition is disposed of. no.....

Full Judgment

2026:MHC:1360
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-03-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU Rajavel ..Petitioner(s) Vs
1. The District Collector District Collectors Office,
2. The Superintendent Of Police District Police Office,
3. The District Revenue Officer
4. The Revenue Divisional Officer Dharmapuri Revenue Division, Dharmapuri District 636 701
5. The Additional Director- Survey And Land Settlement, District Collectors Office,
6. The Executive Engineer- Water Resources Public Works Department, Near District Collectors Office, Dharmapuri District 636 705
7. The Tahsildar Karimangalam Taluk Office, Karimangalam Taluk, Dharmapuri District 635 111
8. The Block Development Officer Karimangalam Development Block, Karimangalam Taluk, Dharmapuri District 635 111 Page1 of 6
9. The President Kongarapatti Panchayat, Karimangalam Taluk, Dharmapuri District 635 202
10. Pushpa
11. Palani
12. Sampath
13. Selva Kumar
14. Thirumal
15. Kandhan
16. Arul @ Arulanandham ..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the respondents No. 1 to 9 herein to remove the encroachments in the Survey No. 53 to the extent of 23.78.50 Hectare and the pathway encroachments made in Survey No. 48 to the extent of 12.5 ft wide river pathway in the Kongarapatti Revenue Village in the Karimangalam Taluk of the Dharmapuri District classified as “Thenpennai river” made by Respondents No. 10 to 16 and others as per G.O. Ms.No.64, Revenue and disaster Management Department- Land Disposal wing LD 6 (2) Section dated 08.02.2022 within the stipulated time prescribed by this Court. For Petitioner(s): Mr. D.Senthil Kumar
For Respondent(s): Mr.T.Arun Kumar Additional Government Pleader for R1,3&9 Mr.M.Babu Muthumeeran Additional Public Prosecutor for R2 Mr.C.Prabakaran for R10-26 Page2 of 6

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ of mandamus has been instituted to direct the respondents No. 1 to 9 herein to remove the encroachments in the Survey No. 53 to the extent of 23.78.50 Hectare and the pathway encroachments made in Survey No. 48 to the extent of 12.5 ft wide river pathway in the Kongarapatti Revenue Village in the Karimangalam Taluk of the Dharmapuri District classified as “Thenpennai river” made by Respondents 10 to 16 and others as per G.O. Ms.No.64, Revenue and disaster Management Department- Land Disposal wing LD 6 (2) Section dated 08.02.2022 within the stipulated time prescribed by this Court.

2. Learned Additional Government Pleader appearing for the

respondents 1, 3 to 9 would submit that encroachments are identified. The alleged encroacher preferred an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as ‘Act’). Only after disposal of the statutory appeal, all further enforcement action will be taken by the competent authority.

3. Learned counsel for the respondents would oppose by stating that

the respondents 10 to 16 are the owners of the subject properties. They have produced necessary documents before the District Collector to establish their ownership. Page3 of 6

4. May that as it be, District Collector has to conduct an enquiry in

respect of the statutory appeal under Section 10 of the Act, and dispose of the same within a period of 12 weeks from the date of receipt of copy of this order. After disposal of the statutory appeal, all further action, if necessary, shall be taken by following the procedure as contemplated under the law.

5. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No GD To

1. The District Collector District Collectors Office, Dharmapuri District

2. The Superintendent Of Police District Police Office, Dharmapuri District 636

3. The District Revenue Officer

4. The Revenue Divisional Officer Dharmapuri Revenue Division, Dharmapuri District 636 701

5. The Additional Director- Survey And Land Settlement, District Collectors Office,

6. The Executive Engineer- Water Resources Page4 of 6 Public Works Department, Near District Collectors Office, Dharmapuri District 636 705

7. The Tahsildar Karimangalam Taluk Office, Karimangalam Taluk, Dharmapuri District 635 111

8. The Block Development Officer Karimangalam Development Block, Karimangalam Taluk, Dharmapuri District 635

9. The President Kongarapatti Panchayat, Karimangalam Taluk, Dharmapuri District 635 202 Page5 of 6

S.M.SUBRAMANIAM, J.

AND

K.KUMARESH BABU, J.

GD 30-03-2026 Page6 of 6

Same Court & Year Chennai · 2026 Same Parties Rajavel vs The District Collector Same Judge Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice...