Citation : 2026 Latest Caselaw 1029 Mad
Judgement Date : 9 March, 2026
W.P(MD)No.550 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.550 of 2026
and
W.M.P(MD)No.498 of 2026
A.Lourdhusamy ... Petitioner
vs.
1.The District Collector/ Monitoring Committee,
Tiruchirappalli District,
Collectorate Buildings,
Cantonment,
Tiruchirappalli - 620 001.
2.The Tahsildhar,
Trichirappalli East Taluk,
Trichirappalli District.
3.The Commissioner,
Trichirappalli City Corporation,
Bharathidasan Salai,
Trichirappalli.
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W.P(MD)No.550 of 2026
4.The Assistant Commissioner,
Ariyamangalam Zone,
Trichirappalli District.
5.Palanisamy
6.Dhanapal
7.Saalukyan
8.Ramayee
9.Lakshmi
10.Manjula
11.Thenmozhi
12.M.Raveendran
13.B.Bharadhidasan
14.D.Rithika ... 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 4
to take necessary and immediate actions required upon considering the
petitioner's representation dated 17.12.2025 in order to remove the
encroachments made by the respondents 5 to 14 in the public pathway
situate in T.S.No.1/4 (corresponding old survey No.322/1B) in Block No.3,
Ward AP, Ariyamagalam Zone, Sathanur North Village, Trichirappalli East
Taluk, Trichirappalli District within time frame to be fixed by this Court.
For Petitioner : Mr.V.R.Shanmuganathan
for Mr.K.S.Kathiravan
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W.P(MD)No.550 of 2026
For Respondents : Mr.S.P.Maharajan (R1 to R4)
Special Government Pleader
: Mr.J.Jeyakumaran (R5 to R7)
: No appearance (R8 to R12)
: Mr.K.Arunraj (R13 & R14)
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 4 to take necessary and immediate action
upon considering the petitioner’s representation dated 17.12.2025, in order
to remove the encroachments allegedly made by respondents 5 to 14 on the
public pathway situated in T.S.No.1/4 (corresponding to old Survey No.
322/1B), in Block No.3, Ward AP, Ariyamagalam Zone, Sathanur North
Village, Tiruchirappalli East Taluk, Tiruchirappalli District.
2.The grievance of the petitioner is that respondents 5 to 14, who
claim to be the owners of the property in T.S.No.1, have made constructions
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obstructing access by encroaching upon the public pathway in T.S.No.1/4. In
this regard, the petitioner submitted a representation dated 17.12.2025
before the authorities concerned. Since the same has not been considered so
far, the petitioner has filed the present Writ Petition.
3.The learned Special Government Advocate appearing for
respondents 1 to 4, on instructions, submitted that the petitioner’s
representation dated 17.12.2025 would be considered and appropriate action
would be taken to remove the encroachment, if any.
4.The learned counsel appearing for the respondents 5 to 7
submitted that the petitioner has also encroached upon the public pathway
and sought for a survey of the entire property, for which the learned counsel
appearing for the petitioner is agreeable.
5.In order to give quietus to this issue, the authorities concerned
are directed to conduct a survey of the place in question, after issuing notice
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to the petitioner, respondents 5 to 14, and all other parties concerned, if any,
within a period of two weeks from the date of receipt of a copy of this order.
If the survey reveals any encroachment, the authorities concerned shall take
necessary action for the removal of such encroachment, after affording
sufficient opportunity of personal hearing to all the parties concerned and by
following due process of law, within a period of two months thereafter.
6.With the above directions, this Writ Petition is disposed of. No
costs. Consequently, the connected Miscellaneous Petition is closed.
[N.S.K.,J.] [M.J.R.,J.]
09.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The District Collector/ Monitoring Committee, Tiruchirappalli District, Collectorate Buildings, Cantonment, Tiruchirappalli - 620 001.
2.The Tahsildhar, Trichirappalli East Taluk, Trichirappalli District.
3.The Commissioner, Trichirappalli City Corporation, Bharathidasan Salai, Trichirappalli.
4.The Assistant Commissioner, Ariyamangalam Zone, Trichirappalli 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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