WP/1587/2026 of N.SELVARAJ Vs THE DISTRICT COLLECTOR on 15 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) This writ of Mandamus has been instituted seeking to direct the respondents 1 to 4 to remove the encroachments made by the 5th and 6th respondents on the Public pathway comprised in S.No. 73 and 211 situated at

( Uploaded on: 26/10/2026 03:33:55 pm )

WP No. 1587 of 2026

Moolapallipatti Village, Rasipuram Taluk, Namakkal district and consequently survey the said land and fix boundary stones on four corners and subsequently lay a road for the use of general public by considering the petitioners representation dated 23.07.2025

2. With reference to the relief sought for in the present writ petition, the learned Government Advocate would submit that the respondents 5 and 6 are not encroachers. During the survey, the authorities have found that a portion of the land belongs to the respondents 5 and 6 and it is a Patta land. The counter affidavit filed by the Tahsildar, Rasipuram would show that the writ petitioner has questioned the title over the properties covering Survey Nos.141, 29 and 234. In this regard, the writ petitioner has not produced even a single piece of document to show that the entire survey number 73 and 211 are Government Poramboke lands. The authorities found that it is a Patta land and therefore no action needs to be taken. However, in respect of the land in S.No.73/3 and 211/5, it is classified as Government Poramboke lands. In respect of these two survey numbers, the authorities have initiated enforcement action and show cause notice under Section 7 was issued.

3. Thus, the respondents 1 and 3 are directed to continue the enforcement actions in respect of the Government Poramboke lands in Survey Nos.73/3 and 211/5 and complete the procedures under the relevant Acts and

( Uploaded on: 26/10/2026 03:33:55 pm )

WP No. 1587 of 2026

Rules and thereafter evict the encroachers. The entire exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order. With the above direction the writ petition stands disposed of.

4. The writ petitioner, without even verifying the documents and by not producing any document to show that the respondents 5 and 6 are encroachers, has filed the writ petition, which caused not only untold agony to them, but resulted in financial loss to the respondents 5 and 7 unnecessarily despite the fact that they are the Patta holders of the land. In view of the said fact that the respondents 5 and 6 are unnecessarily dragged into litigation, this Court is inclined to impose costs of Rs.5000/- on the petitioner to be paid to the sixth respondent, through his counsel, on or before 27.10.2026. List the matter for reporting compliance on 28.10.2026. (S.M.S.,J.) (R.R.V.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST

( Uploaded on: 26/10/2026 03:33:55 pm )

WP No. 1587 of 2026

To

1. The District Collector Namakkal District, Namakkal

2. The district revenue officer Namakkal District, Namakkal

3. The Revenue divisional officer Rasipuram , Namakkal District

4. The Tahsildar Rasipuram Taluk, Namakkal District

( Uploaded on: 26/10/2026 03:33:55 pm )

WP No. 1587 of 2026

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 1587 of 2026 15-10-2026

( Uploaded on: 26/10/2026 03:33:55 pm )