V.Kalpana vs The District Collector
- Court
- Madras High Court
WP.No.54 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP.No.54 of 2023
CNR:{HCMA011155342022}
and
WMP.No.39 of 2023
V.Kalpana
..Petitioner
Vs
1. The District Collector,
Collectorate Office,
Cuddalore District, Cuddalore.
2. The Special Tahsildar,
Adi Dravidar Welfare Department,
Cuddalore District.
3. R.Jayapal
4. S.Ravi @ Ravichandran
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of writ of Mandamus, directing the respondents 1 and 2 to
evict the encroachers including the respondents 3 and 4 or any other
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WP.No.54 of 2023
persons from the petitioner’s property comprised in S.No.45/7B,
Thottapattu Village, Cuddalore District.
For Petitioner: Mr.G.Ethirajulu
For Respondents: Mr.B.Sivakollappan
Additional Government Pleader For R1 & R2
Mr.J.Jayamalan For R3 & R4
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The Writ of Mandamus has been instituted to direct the
respondents 1 and 2 to evict the encroachers including the respondents
3 and 4 or any other persons from the petitioner’s property comprised in
S.No.45/7B, Thottapattu Village, Cuddalore District.
2.It is not in dispute that the lands belonged to the writ petitioner
was acquired and the said acquisition proceedings came to be quashed
by this Court and the said decision became final. Consequent to the
quashing of the acquisition proceedings, the ownership of the land was
restored in the name of the writ petitioner. Since the respondents 3 and
4 encroached upon the subject land, the petitioner is constrained to
move the present writ petition.
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3.The fact regarding quashing the acquisition proceedings is not in
dispute. Consequently, the ownership/title restored in the name of the
writ petitioner.
4.The learned counsel appearing for the petitioner Mr.Ethirajulu,
would submit that the Government has granted alternate lands to the
respondents 3 and 4 along with other assignees. However, the learned
counsel appearing for the respondents 3 and 4 would submit that the
respondents 3 and 4 have not occupied the alternate land and therefore,
the authorities have to initiate action in this regard. Further, a fresh land
acquisition proceedings are initiated and notice was issued. However,
the learned counsel for the petitioner would submit that the subsequent
acquisition proceedings had been withdrawn.
5.May that as it be. As of now, the writ petitioner is the owner of
the property. In pursuance to the land acquisition proceedings, the
respondents 3 and 4 are in possession of the land now which belongs to
the writ petitioner. The writ petitioner has already given a complaint both
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WP.No.54 of 2023
before the revenue authorities as well as before the Police authorities.
The learned counsel for the petitioner would submit that on account of
pendency of the present writ petition, the authorities are not initiating any
action.
6.In view of the said position, the respondents are directed to
entertain the complaint already filed by the writ petitioner and initiate all
necessary actions and to ensure that the acquired properties are handed
over to the land owners.
7.With these directions, the Writ Petition stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (R.R.V.,J.)
27-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes/No
cse
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WP.No.54 of 2023
To
1. The District Collector,
Collectorate Office,
Cuddalore District, Cuddalore.
2. The Special Tahsildar,
Adi Dravidar Welfare Department,
Cuddalore District.
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WP.No.54 of 2023
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WP.No.54 of 2023
27-10-2026
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