[Cites 3, Cited by 0]
Madras High Court
Udaiyar vs The District Collector/The ... on 9 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.3383 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.3383 of 2026
Udaiyar ... Petitioner
vs.
1.The District Collector/The Chairperson,
Tenkasi District, Tenkasi.
2.The Revenue Divisional Officer,
Sankarankovil, Tenkasi District.
3.The Tahsildar,
Sankarankovil Taluk, Tenkasi District.
4.Lingasamy Konar
5.Ravindranath Bharathi
6.Muniyasamy
7.Raja
8.Mahalingam
9.Ayyacahmy ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3
1/6
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W.P(MD)No.3383 of 2026
to remove the encroachments made by the respondents 4 to 9 by way of
blocking the public Government road bearing S.No.97 (0.26.5 Ares) and 98
(0.17.00 Ares) situated at Veerirupu Village, Sankarankovil Taluk, Tenkasi
District in the light of the proceeding of the first respondent vide Na.Ka.No
COLR/2063/2025-H1 dated 20.05.2025 within the time stipulated by this
Court.
For Petitioner : Mr.A.R.Kannappan
For Respondents : Mr.S.P.Maharajan (R1 to R3)
Special Government Pleader
: No appearance (R4, R5 & R7 to R9)
: Mr.R.J.Karthick (R7)
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition seeking a
direction to the respondents 1 to 3 to remove the encroachments made by the
respondents 4 to 9 by way of blocking the public Government road bearing
Survey Nos.97 (0.26.5 Ares) and 98 (0.17.00 Ares), situated at Veerirupu
Village, Sankarankovil Taluk, Tenkasi District, in the light of the
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proceedings of the first respondent vide Na.Ka.No.COLR/2063/2025-H1
dated 20.05.2025.
2.The grievance of the petitioner is that the encroachments made
by the respondents 4 to 9 on the public pathway have not been removed by
the authorities concerned, despite repeated representations made by the
villagers.
3.The learned counsel appearing for the petitioner submitted that
despite notices issued under Sections 7 and 6 of the Tamil Nadu Land
Encroachment Act, 1905 (hereinafter referred to as “the Act”), the
encroachments have not been removed by the authorities concerned. He
further submitted that the appeals preferred by the encroachers have also
been dismissed by the District Collector. However, the encroachments have
not been removed so far.
4.The learned Special Government Pleader appearing for the
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respondents 1 to 3, on instructions, submitted that as against the notice
issued under Section 6 of the Act, appeals were preferred by the encroachers
before the District Collector. Though the appeals have been dismissed,
respondents 4 to 9 have now preferred a revision before the Government,
and the same is pending before the Government for consideration.
5.In such view of the matter, the authority concerned shall
dispose of the revision as expeditiously as possible, within a period of three
months from the date of receipt of a copy of this order. Based on the
outcome of the revision, the authorities concerned shall take necessary
action by following due process of law within a period of three months
thereafter.
6.With the above directions, this Writ Petition is disposed of. No
costs.
[N.S.K.,J.] [M.J.R.,J.]
09.03.2026
NCC : Yes / No
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Index : Yes / No
ps
To
1.The District Collector/The Chairperson,
Tenkasi District,
Tenkasi.
2.The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
3.The Tahsildar,
Sankarankovil Taluk,
Tenkasi District.
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N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 09.03.2026
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