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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN WP No. 44405 of 2025 CNR: {HCMA012735572025}

Rani, W/o.Kalappan, 6, Thirunagar Colony Lane 1, Rangasamdram, Mettupalayam Road, Sathyamangalam, Erode-638 402.

..Petitioner(s)

Vs

1. The District Collector, District Collectorate, Erode, Erode District.

2. The Revenue Tahsildhar, Sathyamangalam Taluk, Erode District.

3. Palanichamy S/o.Chinna Naga Naicker, Sathumgai Village, Asathyamangalam, Erode District.

4. Rajan, S/o.Palanichamy, Sathumugai Village, Sathyamangalam, Erode District.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the respondents 1 and 2 to remove the encroachments made in Vari Poramboke in Survey No.143 and 144 of Sathumugai Village, Sathyamangalam Taluk, Erode District by considering the petitioner’s representation dated 21.07.2025.

For Petitioner(s): Mr.J.Titus Enock For Respondent(s): Mr.S.Rishab Narayanan Government Advocate for R1 & R2 Mr.V.Karthikeyan for R3 & R4

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

With reference to the relief sought for in this writ petition, the Tahsildar, Sathyamangalam filed a status report stating that the 4^th respondent himself removed the encroachments. Paragraph 8 of the status report reads as under:

“8) I respectfully submit that after the enquiry process and the confirmation of the encroachments in the above lands by the above Thiru. Rajan, The Tahsildar, Sathyamangalam has ordered in the proceedings in the Na. Ka. 943/2025/A3 dated 15.07.2026 to remove the encroachment by himself at once and if the encroachment is not removed, necessary action will be taken through Tamilnadu, Eviction of Encroachment act 1905. The officials concerned have been ordered that if the encroacher not removed the encroachment on his own, action should be taken to remove the encroachment on 21.07.2025 along with the protection of the Police officials. After that, the Village Administrative Officer, Aalaththukombai Village, Sathyamangalam has submitted the report that the encroacher Rajan has himself removed the sugarcane crop cultivated in the encroachment land. Now, there is no encroachment in the lands in question.”

2. The learned counsel appearing for the petitioner would submit that even after filing the status report, again, the 4^th respondent encroached upon the subject land.

3. In this regard, the Tahsildar, Sathyamangalam is directed to conduct a personal inspection in respect of the subject land and verify whether any encroachment has been made after the earlier encroachment was removed. If the 4^th respondent has again encroached upon the subject property after its removal then, the Tahsildar is bound to initiate criminal proceedings against the encroachers under the relevant provision of criminal law and by registering a Police complaint. All appropriate further actions are also to be initiated to ensure that the subject property remains free from any further encroachments.

4. With the above directions, this Writ Petition stands disposed of. No costs.

(S.M.S.,J.) (R.R.V.,J.)

05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KKN S.M.SUBRAMANIAM, J.

AND R.RAJESH VIVEKANANTHAN, J.

KKN To

1. The District Collector, District Collectorate, Erode, Erode District.

2. The Revenue Tahsildhar, Sathyamangalam Taluk, Erode District.

05-10-2026