WP/4004/2023 of R.Duraisamy Vs The district collector
WP No. 4004 of 2023
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 4004 of 2023
1. R.Duraisamy
S/o. Ramasamy Gounder,
Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District 637406
2. K.Periyasamy
S/o. Kailasa Gounder,
D.No. 1/82,
T.Pachudayampalayam Village and Post,
Rasipuram Taluk,
Namakkal District-637406
3. S.Periyasamy
S/o. Late Sengottuvel,
Pudavai Karar Thottam,
T.Pachudayampalayam Village and Post,
Rasipuram Taluk,
Namakkal District- 637406
4. M.P.Sengottaiyan
S/o. Palaniyappa Gounder,
(Sri Kulavillaku Amman Sago Factory),
T.Pachudayampalayam Village and Post,
Rasipuram Taluk,
Namakkal District- 637406
5. S.Duraisamy
S/o. Late SubbuGounder,
Poomalai Thottam,
T.Pachudayampalayam Village and Post,
Rasipuram Taluk,
Namakkal District- 637406
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WP No. 4004 of 2023
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6. Natesan
S/o. SubbuGounder,
Poomalai Thottam,
T.Jedarpalayam Village and Post,
Rasipuram Taluk,
Namakkal District 637406
..Petitioner(s)
Vs
1. The District Collector,
Office of District Collector,
Namakkal District.
2. The Revenue Divisional Officer
Mohanur Road, Namakkal Town,
Namakkal Taluk,
Namakkal District 637001
3. The Tahsildar
VIP Nagar, Rasipuram Town,
Rasipuram Taluk
Namakkal District 637408.
4. The Panchayat President,
Pachudayampalayam Panchayat,
Pachudayampalayam Village and Post,
Rasipuram Taluk,
Namakkal District 637406
5. Shanthi
W/o. Kathiresan,
No. 4/159, Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District.
6. Kanammal,
W/o. Madeshwaran,
No. 4/217, Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District.
.
7. Aandal,
W/o. Balakrishnan,
No. 4/160, Pachudayampalayam Village,
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WP No. 4004 of 2023
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Rasipuram Taluk,
Namakkal District
8. Jeeva,
W/o. Periyasamy,
No. 4/161, Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District.
9. Pachamuthu,
S/o. Sengamalai Udaiyar,
No. 4/62, Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District.
10.Perisamy
S/o. Ramasamy,
No.4/163, Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District
11.Kasambu
S/o. Arunachalam,
No. 4/164 Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District
12.Arunachalam
S/o. Ramasamy Udayar
No. 1/202 Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District
13.Ammakannu,
W/o. Chinnu Udaiyar,
No. 1/58 Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District
14.Ilayaraja
S/o.Periyasamy,
No. 1/57 Pachudayampalayam Village,
Rasipuram Taluk,Namakkal District
15.Velayutham
S/o. Pachamuthu Udayar
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WP No. 4004 of 2023
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No. 1/55 Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District.
16.Parameshwari
S/o. Periyasamy,
No. 1/54, Pachudayampalayam Village,
Rasipuram Taluk,
Namakkal District.
17.Muthusamy,
S/o.Pachamuthu Udaiyar,
No. 1/53, Pachudayampalayam Village,
Rasipuram Taluk,Namakkal District.
18.Sivanantham
S/o. Sengamalai Udaiyar,
No. 1/37, Pachudayampalayam Village,
Rasipuram Taluk,Namakkal District.
19.Perisamy
S/o.Thola Udayar @ Ramasamy,
No. 1/38, Pachudayampalayam Village,
Rasipuram Taluk,Namakkal District
20.Bakkiyam,
W/o.Sivalingam,
Pachudayampalayam Village,
Rasipuram Taluk,Namakkal District
..Respondent(s)
To direct the Respondents to remove the encroachment done by the
Respondents 4 to 20 on the road between Pachudayampalayam Mariamman
Koil and Kaliamman Koil in Pachudayampalayam Village, Rasipuram Taluk
WP No. 4004 of 2023
For Petitioner(s): Mr.L.Ramu
For Respondent(s): Mr.T.Arunkumar,
Addl.G.P. for R1 to R3
Mr.R.Nalliyappan for R4
Ms.S.P.Nirmala Parameswari
for R5 to R8, R10 to R19
No appearance for R9 and R20
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Order
(Order of the Court was made by S.M.Subramaniam J.)
Writ of Mandamus has been instituted to direct the respondent to
remove the encroachments.
2. Learned Additional Government Pleader would submit that the
authorities, during the course of inspection and survey, foun d encroachments
in government land.
3. Learned counsel for the 6 th respondent would oppose by stating that
the subject land is patta land.
4. If the respondents claim any right over the property, they will have to
establish the title/ownership by approaching the competent Civil Court of law.
As far as the authorities are concerned, they have identified the
encroachments. That being so, the enforcement actions are to be initiated by
following the procedures as contemplated under the relevant statute and rules
in force. Such exercise is directed to be completed within a per iod of twelve
weeks from the date of receipt of a copy of this order. Accordingly, the Writ
Petition stands disposed of. No costs.
(S.M.S.,J.) (K.S.,J.)
01-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vsi
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WP No. 4004 of 2023
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To
1. The District Collector
Office of District Collector,
Namakkal District.
2. The Revenue Divisional Officer
Mohanur Road, Namakkal Town,
Namakkal Taluk,
Namakkal District 637001
3. The Tahsildar
VIP Nagar, Rasipuram Town,
Rasipuram Taluk
Namakkal District 637408.
4. The Panchayat President,
Pachudayampalayam Panchayat,
Pachudayampalayam Village and Post,
Rasipuram Taluk,
Namakkal District 637406
https://www.mhc.tn.gov.in/judis
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S.M.SUBRAMANIAM J.
AND
K.SURENDER J.
vsi
WP No. 4004 of 2023
01-04-2026
https://www.mhc.tn.gov.in/judis