Pending land reclassification application must be decided before directing removal of alleged encroachment.

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.2695 of 2026 Saravanan ... Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram 2. The Tahsildar, Kilakarai, Kilakarai Taluk, Ramanathapuram District.

3. The Municipal Commissioner, Kilakarai Municipality, Kilakarai Taluk, Ramanathapuram District.

4. Kowsalya ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment of 4^th respondent in the pathway bearing Natham Survey No.456/1D which is in front of Natham Survey No. 456/1D (patta land of the petitioner) situated at Annanagar, Kanjarankudi Group, Kilakarai Taluk, Ramanathapuram District, within the time stipulated by this Court.

For Petitioner : Mr.J.M.Mohamed Riyaz For Respondents : Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 & R2 Mr.K.Saravanan for R3 Mr.P.Vadivel for R4

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed this Writ Petition seeking a direction to the respondents 1 to 3 to remove the encroachment made by the 4^th respondent in the pathway bearing Natham Survey No.456/1D which is in front of Natham Survey No.456/1D (patta land of the petitioner) situated at Annanagar, Kanjarankudi Group, Kilakarai Taluk, Ramanathapuram District, within the time stipulated by this Court.

2. According to the petitioner, the 4^th respondent has encroached upon the pathway. Despite the issuance of several notices, the 4^th respondent has not removed the encroachment till date. Hence, the present Writ Petition has been filed.

3. The learned Special Government Pleader appearing for respondents 1 and 2, on instructions, submitted that the 4^th respondent has filed an application before the Revenue Divisional Officer seeking reclassification of the subject survey number.

4. It is the contention of the 4^th respondent that the subject survey number has been wrongly classified as Government land in the revenue records. In this regard, she has submitted an application before the Revenue Divisional Officer, which is pending consideration. 5. In view of the above, this Court directs the Revenue Divisional Officer, Kilakarai Taluk, Ramanathapuram District to consider and dispose of the application submitted by the 4^th respondent, on its own merits and in accordance with law.

6. In the interregnum, if it is found that there is any encroachment, the 2^nd respondent, namely, the Tahsildar, shall take appropriate action for removal of the same, after issuing due notice to all concerned parties and by following due process of law.

7. With the above direction, this Writ Petition is disposed of.