[Cites 2, Cited by 0]
Madras High Court
V.Vijayaraghavan vs The District Collector on 17 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.7167 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.7167 of 2026
V.Vijayaraghavan ... Petitioner
Vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Tahsildar,
Tahsildar Office,
Sivakasi Taluk,
Virudhunagar District.
3.P.Pandiyarajan ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, directing the respondents 1
and 2 to remove the encroachments made by the 3 rd respondent in Survey
No.1258/11, to the extent of 0.00.54.0 Square meter, situated at
Muthalamman Koil Street, Erichanatham Village, Sivakasi Taluk,
Virudhunagar District, in the light of the order in W.P.(MD)No.12492 of
2021 dated 20.12.2024, on the file of this Court.
1/5
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W.P.(MD)No.7167 of 2026
For Petitioner : Ms.S.Mahalakshmi
For Respondents : Mr.J.Ashok (R1 & R2)
Additional Government Pleader
Mr.G.Mohankumar (R3)
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
This writ petition is filed seeking a direction to the respondents
1 and 2 to remove the encroachments made by the third respondent in
Survey No.1258/11, to the extent of 0.00.54.0 Square meter, situated at
Muthalamman Koil Street, Erichanatham Village, Sivakasi Taluk,
Virudhunagar District, in the light of the order in W.P.(MD)No.12492 of
2021 dated 20.12.2024, on the file of this Court.
2.According to the petitioner, the private respondent filed a suit
for declaration claiming right over the subject property, which is
classified as public vacant land earmarked as public pathway, in O.S.No.
80 of 2017 on the file of the Sub Court, Virudhunagar. The suit has been
dismissed holding that the petitioner is not entitled for any such relief.
However, the encroachment made by the private respondent in the public
property has not been removed. The petitioner has made representations
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in this regard. Since no action has been initiated, the petitioner has filed
the present writ petition.
3.The learned counsel for the third respondent submits that as
against the decree and judgment passed in O.S.No.80 of 2017 before the
Sub Court, Virudhunagar, he filed an appeal in A.S.No.68 of 2025 on the
file of the Additional District Court, Virudhunagar and the same is
pending.
4.The learned Additional Government Pleader appearing for
the official respondents submits that in the revenue records, the land is
classified as Natham Property. Since the subject property does not fall
under the category of government land, it cannot be dealt with under the
Land Encroachment Act or the third respondent cannot be treated as an
encroacher.
5.Heard the learned counsel appearing on either side and
perused the materials placed on record.
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6.Admittedly, the land is classified as Natham land in the
revenue records and hence, the Land Encroachment Act does not apply.
Further, the issue with regard to the subject property is pending before
the competent civil Court. Hence, we hold that it is for the parties to
agitate their right before the civil Court and work out their remedy
depending upon the outcome of the said appeal.
7.In view of the above, we are not inclined to entertain this writ
petition. Accordingly, this writ petition is dismissed. There shall be no
order as to costs.
[N.S.K., J.] & [M.J.R., J.]
17.03.2026
Index :Yes/No
NCC :Yes/No
ta
To
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Tahsildar,
Tahsildar Office,
Sivakasi Taluk,
Virudhunagar District.
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N.SATHISH KUMAR, J.
AND
M.JOTHIRAMAN, J.
ta
17.03.2026
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