[Cites 1, Cited by 0]
Madras High Court
Uma vs The District Collector on 23 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.7734 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.7734 of 2026
Uma ... Petitioner
vs.
1.The District Collector,
Virudhunagar District.
2.The Tahsildar,
Aruppukottai, Virudhunagar District.
3.The Village Administrative Officer,
Mandapasalai.
4.The Block Development Officer,
Mandapasalai.
5.Vanaraj ... 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
1/6
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W.P(MD)No.7734 of 2026
to remove the encroachment made by the fifth respondent in the public road
comprised in Survey No.508/36 at Mandapasalai Village, Aruppukottai
Taluk, Virudhunagar District, in accordance with the order dated 07.10.2025
passed by the second respondent, and consequently restore the public
drainage channel to its original condition by removing the unauthorised
cement covering.
For Petitioner : Ms.V.Vidhyalakshmi
For Respondents : Mr.A.Kannan (R1 to R4)
Additional Government Pleader
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 made by the
fifth respondent on the public road comprised in Survey No.508/36 at
Mandapasalai Village, Aruppukottai Taluk, Virudhunagar District, in
accordance with the order dated 07.10.2025 passed by the second
respondent, and consequently to restore the public drainage channel to its
original condition by removing the unauthorised cement covering.
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2.By consent of both parties, the Writ Petition is taken up for
final disposal at the stage of admission itself.
3.Mr.A.Kannan, learned Additional Government Pleader, accepts
notice for respondents 1 to 4. Considering the limited relief sought by the
petitioner, notice to the fifth respondent is dispensed with.
4.It is the contention of the petitioner that the fifth respondent
has illegally and unauthorisedly encroached upon the public road. In this
regard, the petitioner submitted a representation dated 02.07.2025 before the
authorities concerned. After conducting a detailed enquiry, the second
respondent, by order dated 07.10.2025, confirmed that the property in
question is a public pathway and that the fifth respondent has encroached
upon the same. Despite the said order having been passed as early as on
07.10.2025, no effective action has been taken till date to remove the
encroachment. Hence, the present Writ Petition.
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5.The learned Additional Government Pleader appearing for
respondents 1 to 4, on instructions, submitted that action has already been
initiated and that notices under Sections 7 and 6 have been issued, and that
the encroachments would be removed within a stipulated time frame.
6.In view of the above, the authorities concerned are directed to
remove the encroachments, after affording sufficient opportunity of hearing
to the petitioner, the fifth respondent and all the parties concerned and by
following due process of law. Such exercise shall be completed within a
period of three months from the date of receipt of a copy of this order.
7.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.]
23.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
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ps
To
1.The District Collector,
Virudhunagar District.
2.The Tahsildar,
Aruppukottai, Virudhunagar District.
3.The Village Administrative Officer,
Mandapasalai.
4.The Block Development Officer,
Mandapasalai.
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N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 23.03.2026
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