WP/46227/2025 of K.C.NATARAJ Vs THE DISTRICT COLLECTOR on 14 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Learned Additional Government Pleader, on instructions, would submit that encroachments in Survey Nos.866, 870/3 and 871/22 have been removed. In respect of Survey No.871/21, it is yet to be removed.

2. In this regard, status report filed by the respondents is extracted as follows: “3) I respectfully submit that I am to inform that one K.C.Nataraj, S/o. Late Chokkana Gounder residing at 124, Kuliyankattur, V. Vellalapalayam, Anthiyur Taluk, Erode District has filed a writ petition in W.P.No.46227 of 2025 before the Hon’ble High Court of Judicature at Madras and prayed that this Hon’ble Court may be pleased to issue a Writ in the nature of MANDAMUS directing the respondents 1 to 4 to take action against the 5th respondent and others either under RSO 26(15) or Sections 152 and 164, BNSS to remove the encroachments made in the Nilaviyal cart track in S.F.Nos.866, 870/3, 871/21 and 871/22 of Vempathi A Village, Anthiyur Taluk, Erode District by considering my representations dated 26.06.2024, 24.12.2024 and 04.10.2025 and pass such further or other orders as this Hon’ble Court deems fit and proper in the circumstances of the case and thus render justice. The land in question in above writ petition is recorded in the village accounts as follows: S. No. Village Name Survey / Sub Division No. Classificatio n Total Extent Patta No And Name of the pattadar Remark

1. Vempathi A

Sarkar- Poramboke 0.35.00 ----- Vandi pathai

2. Ryot - Punjiai 0.05.00

1. Athiyappa Gounder

2. President, Panchayat Board, Vempathi

3. Duraisamy Nilaviyal Vandi pathai

3. 871/21 Ryot - Punjiai 0.05.00

1. Nachimuthu

2. Sengoda Gounder

3. Nachimuthu

4. Sengoda Gounder

5. Chitra

6. Revathi

7. Gowthaman Nilaviyal Vandi pathai

4. 871/22 Ryot - Punjiai 0.07.506299 -

1. Vembathi Nilaviyal

S. No. Village Name Survey / Sub Division No. Classificatio n Total Extent Patta No And Name of the pattadar Remark Panchayat President

2. Kolantha Gounder

3. Rasaak Gounder

4. Kuruva Gounder

5. Appukutti

6. Karuppannan

7. Chinnapaiyan

8. Gurusamy Gounder

9. Ramalingam

10. Kausalya

11. Duraisamy

12. Ramasamy

13. Sengoda Gounder

14. Murugan

15. Karuppusamy

16. Chinnasamy Vandi pathai

4) I respectfully submit that based on the writ petition, the jurisdictional Firka Revenue Inspector, Firka Surveyor and Village Administrative Officer have jointly field inspected and surveyed the land in question on 29.07.2026 and submitted the report. As per the above reports there is encroachments were found in the S.F.Nos.866, 870/3, 871/21 and 871/22 of Vempathi A Village, Anthiyur Taluk, Erode District. Above Encroachments as listed below:

Village Name Survey and Sub Divisio n No. Classificat ion Total Extent Encroa chment Extent Categor y of Encroac hment Name of the Encroacher Vempathi A

Sarkar - Poramboke 0.35.00 - - No Encroachments

Ryot - Punjiai 0.05.00 - - No Encroachments

Ryot - Punjiai 0.05.00 0.03.00 Sugarca ne crop

1. Sengoda Gounder S/o. Natchimuthu Gounder

2. Chitra D/o. Sengoda Gounder

3. Revathi D/o. Sengoda Gounder

4. Gowthaman S/o. Sengoda Gounder

Ryot - Punjiai 0.07.50 0.02.20

Coconut Trees and Maize Crop

1. Thangarasu S/o. Gurusamy Gounder 0.02.50 Fodder crop

1. Chinnasamy S/o. Subaramaniam

2. Sengoda Gounder S/o. Ramasamy Gounder

Village Name Survey and Sub Divisio n No. Classificat ion Total Extent Encroa chment Extent Categor y of Encroac hment Name of the Encroacher

3. Karuppusamy S/o. Kuppusamy

4. Ramayee D/o. Gurusamy Gounder

5) I respectfully submit that the Revenue Inspector, Athani served appropriate notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 29.07.2026 and the Tahsildar, Anthiyur served appropriate notices under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on 17.08.2026 to the encroachers listed in the above table.

6) I respectfully submit that Encroachments on the Nilaviyal cart track situated in S.F.No.871/22 of Vempathi A Village were removed on 03.09.2026. However, regarding the Nilaviyal cart track in S.F.No.871/21 of Vempathi A Village the encroachers belonging to the Sengoda Gounder (5th respondent) and his family obstructed the removal operations and raised objections and they claimed that a lawsuit had been filed CFR. No.7731/2025 in the Bhavani District Munsif Court seeking to restrain any surveying of the track or interference with the area currently in their possession and insisted that no boundary stones be placed or encroachment removal work be carried out on their land until the court issued appropriate orders. Therefore, the encroachments on the aforementioned land S.F.No.871/21 of Vembathi A Village have not been removed.”

3. In view of the said submission, the official respondents are directed to remove the entire encroachments already identified within a period of eight weeks from the date of receipt of a copy of this order and ensure that public pathway is free from encroachments and for usage of public.

4. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

To

1. The District Collector Collectorate Erode 638 011

2. The Sub Collector Gobichettipalayam Erode District

3. The Revenue Tahsildar Anthiyur Taluk Erode District

4. The Block Development Officer (village Panchayat), Vempathi Village Panchayat, Anthiyur Block Erode District

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 46227 of 2025 14-10-2026