Citation : 2026 Latest Caselaw 1478 Mad
Judgement Date : 23 March, 2026
W.P(MD)No.3388 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.3388 of 2026
T.Raja Pandian ... Petitioner
vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Block Development Officer,
Valliyoor Panchayat Union,
Valliyoor,
Tirunelveli District.
3.The Tahsildar / Taluk Level Monitoring Committee,
Radhapuram Taluk,
Radhapuram,
Tirunelveli District.
4.The President,
Levinchipuram Village Panchayat,
Levinchipuram,
1/6
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W.P(MD)No.3388 of 2026
Radhapuram Taluk,
Tirunelveli District.
5.N.Surath
6.Mrs.Akhila ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3
to pass suitable orders so as to remove or demolish the Wall of the 5 th and 6th
respondents, being the one constructed over the encroached public street,
comprised in Survey No.953/1A, 963/2D, Levinchipuram Village,
Radhapuram Taluk, Tirunelveli District thereby ensuring free flow of traffic
in the Madanpillaitharmam Street, by considering the representation of the
petitioner dated 26.09.2025, within a time frame as may be fixed by this
Court.
For Petitioner : Mr.G.Aravinthan
for M/s.Aran Legal Consultancy
For R1 to R3 : Mr.A.Kannan
Additional Government Pleader
For R6 : Mr.S.Michal Heldon Kumar
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W.P(MD)No.3388 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 3 to remove the encroachment made by the
private respondents 5 & 6 in public street by considering the representation
dated 26.09.2025.
2. When the writ petition is taken up for hearing, the learned
Additional Government Pleader appearing for the respondents 1 to 3 based
on the instructions of the Tahsildar, dated 20.03.2026, submitted that survey
was conducted in the subject property in the presence of the petitioner. In the
survey conducted it was found that there is no encroachment as alleged by
the petitioner in the public street and the sketch is also produced before this
Court.
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3. In view of the submissions made and the fact remains that there
is no encroachment as alleged by the petitioner, the relief sought for by the
writ petitioner cannot be entertained. Accordingly, the writ petition is
dismissed. No costs.
[N.S.K.,J.] [M.J.R.,J.]
23.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
am
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To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Block Development Officer, Valliyoor Panchayat Union, Valliyoor, Tirunelveli District.
3.The Tahsildar / Taluk Level Monitoring Committee, Radhapuram Taluk, Radhapuram, Tirunelveli District.
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N.SATHISH KUMAR, J.
and M.JOTHIRAMAN, J.
am
ORDER MADE IN
DATED : 23.03.2026
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