[Cites 1, Cited by 0]
Madras High Court
J.Ruby Elizabeth vs The District Collector on 17 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.7349 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.7349 of 2026
and
W.M.P(MD)No.6012 of 2026
J.Ruby Elizabeth ... Petitioner
vs.
1.The District Collector,
Madurai District,
District Collector's Office,
Madurai,
Tamil Nadu - 625 020.
2.The Tahsildar,
Kallikudi Taluk,
Madurai District,
Tamil Nadu - 625 701.
3.The Block Development Officer,
Kallikudi Taluk,
Madurai District,
Tamil Nadu - 625 701.
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W.P(MD)No.7349 of 2026
4.The Village Administrative Officer,
K.Vellakulam Village,
Kallikudi Taluk,
Madurai District,
Tamil Nadu - 625 701.
5.V.Ramasamy
6.S.Gopal ... 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 consider and dispose of the petitioner's representation dated 09.12.2025
and to remove the encroachments made by the respondents 5 and 6 in land
Survey No. 338/47, which is classified as a public street road in the village
account in K.Vellakulam Village, Kallikudi Taluk, Madurai District, and to
restore the said street road to its original condition within a time frame as
may be fixed by this Court.
For Petitioner : Mr.M.Anbarasan
For Respondents : Mr.D.Sasi Kumar (R1, R2 & R4)
: Mr.A.Kannan (R3)
Additional Government Pleader
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W.P(MD)No.7349 of 2026
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 consider and dispose of the petitioner’s
representation dated 09.12.2025, and to remove the encroachments made by
the respondents 5 and 6 in the land in Survey No. 338/47, which is classified
as a public street road in the village account of K. Vellakulam Village,
Kallikudi Taluk, Madurai District, and to restore the said street road to its
original condition.
2.By consent of both parties, this Writ Petition is taken up for
final disposal at the admission stage itself.
3.Mr.D.Sasi Kumar, learned Additional Government Pleader
accepts notice for the respondents 1, 2 and 4 and Mr.A.Kannan, learned
Additional Government Pleader, accepts notice for the third respondent.
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Considering the limited relief sought for by the petitioner, notice to the
respondents 5 and 6 is dispensed with.
4.It is the contention of the petitioner that the respondents 5 and
6 have encroached upon the public road by constructing steps and other
structures, thereby narrowing and obstructing it. In this regard, the petitioner
submitted a representation dated 09.12.2025 before the authority concerned.
Since the same has not been considered so far, the petitioner has filed the
present Writ Petition.
5.The learned Additional Government Pleader appearing for
respondents 1 to 4, on instructions, submitted that the petitioner’s
representation dated 09.12.2025 would be considered and that the authorities
concerned would conduct a survey of the land in question in the presence of
all the parties concerned. He further submitted that appropriate action would
be taken to remove the encroachment, if any.
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6.In such view of the matter, the authorities concerned are
directed to conduct a survey in the place in question, after issuing notice to
the petitioner, the respondents 5 and 6, 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 three
months thereafter.
7.With the above directions, this Writ Petition is disposed of. No
costs. Consequently, connected Miscellaneous Petition is closed.
[N.S.K.,J.] [M.J.R.,J.]
17.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The District Collector,
Madurai District,
District Collector's Office,
Madurai,
Tamil Nadu - 625 020.
2.The Tahsildar,
Kallikudi Taluk,
Madurai District,
Tamil Nadu - 625 701.
3.The Block Development Officer,
Kallikudi Taluk,
Madurai District,
Tamil Nadu - 625 701.
4.The Village Administrative Officer,
K.Vellakulam Village,
Kallikudi Taluk,
Madurai District,
Tamil Nadu - 625 701.
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N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 17.03.2026
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