[Cites 1, Cited by 0]
Madras High Court
Palsamy vs The District Collector Cum Monitoring ... on 9 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.3530 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.3530 of 2026
Palsamy ... Petitioner
vs.
1.The District Collector cum Monitoring Committee,
Madurai District.
2.The Revenue Divisional Officer,
Usilampatti Taluk, Madurai District.
3.The Block Development Officer,
Usilampatti Taluk, Madurai District.
4.The Thasildhar,
Usilampatti Taluk, Madurai District.
5.Navaneethakrishnan
6.Otchu
7.Ponnuthai
8.Muthupandi
9.Jothiyammal
1/6
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W.P(MD)No.3530 of 2026
10.Kala ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondent Nos.1
to 4 herein to remove the encroachment and unauthorized construction made
by the respondent Nos.5 to 10 in the common road / public pathway / street
comprised in Survey Nos.350, 386 and 533 situated at Thimmanatham,
Usilampatti Taluk, Madurai District within a stipulated time in accordance
with law by considering the representations dated 19.10.2024 and
15.12.2025 and for consequential orders.
For Petitioner : Mr.C.Senthil Murugan
For Respondents : Mr.D.Sasi Kumar (R1 to R4)
Additional Government Pleader
: Mr.K.Muthu Ganesa Pandian (R5 to 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 4 to remove the encroachment and
unauthorized construction made by respondents 5 to 10 in the common
road/public pathway/street comprised in Survey Nos.350, 386 and 533,
situated at Thimmanatham, Usilampatti Taluk, Madurai District.
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2.The grievance of the petitioner is that the respondents 5 to 10
have encroached upon portions of the said road/pathway/street by putting up
constructions, thereby causing obstruction to the general public for ingress
and egress. In this regard, the petitioner submitted representations dated
19.10.2024 and 15.12.2025 before the authorities concerned. Since no action
has been taken so far, the present Writ Petition has been filed.
3.The fourth respondent has filed a status report.
4.The learned Special Government Pleader appearing for
respondents 1 to 4 submitted that the revenue officials inspected the subject
lands in the presence of the petitioner as well as the encroachers. Upon such
inspection, it was found that except the 7th respondent, namely Ponnuthayee,
the other respondents have encroached upon the road/street and their
encroachments are liable to be removed. Insofar as the 7th respondent is
concerned, it was found that she has constructed a pucca house away from
the road/street. It is further submitted that if the 7th respondent submits any
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representation seeking regularization of her occupation, the same will be
considered in accordance with law.
5.In view of the above submission, the authorities concerned are
directed to take necessary action for the removal of the encroachments made
by respondents 5, 6 and 8 to 10, after issuing notice and affording an
opportunity of personal hearing to all the parties concerned and by following
due process of law, within a period of three months from the date of receipt
of a copy of this order.
6.With the above directions, this Writ Petition is disposed of.
There shall be no order as to costs.
[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 cum Monitoring Committee,
Madurai District.
2.The Revenue Divisional Officer,
Usilampatti Taluk,
Madurai District.
3.The Block Development Officer,
Usilampatti Taluk,
Madurai District.
4.The Thasildhar,
Usilampatti Taluk,
Madurai 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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