[Cites 1, Cited by 0]
Madras High Court
M.Subash Chandrabose vs The District Collector on 6 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.6132 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.6132 of 2026
M.Subash Chandrabose ... Petitioner
vs.
1.The District Collector,
Thenkasi District,
Thenkasi.
2.The Revenue Divisional Officer,
Thenkasi,
Thenkasi District.
3.The Thasildar,
Kadaiyanallur,
Thenkasi District.
4.The Assistant Engineer,
Tamilnadu Electricity Board,
Puliyankudi,
Thenkasi District.
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
W.P(MD)No.6132 of 2026
5.The Inspector of Police,
Chinnakovilakulam Police Station,
Chinnakovilakulam,
Tenkasi District.
6.V.Kannan ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents to
remove the encroachment by constructing Vinayagar Temple in Survey
No. 18/4B at Indira Nagar, Vellaikavundanpatti, Ayyapuram Post,
Kadaiyanallur Taluk, Thenkasi District on the basis of the petitioner's
representation dated 30.01.2026 within a stipulated time as fixed by this
Court.
For Petitioner : Ms.A.Dharani
For Respondents : Mr.D.Sasi Kumar (R1 to R3)
Additional Government Pleader
: Mr.K.Sanjai Gandhi (R5)
Government Advocate
: Mr.S.Deenadhayalan
Standing Counsel
2/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
W.P(MD)No.6132 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 to remove the encroachment made by
constructing a Vinayagar Temple in Survey No.18/4B at Indira Nagar,
Vellaikavundanpatti, Ayyapuram Post, Kadaiyanallur Taluk, Thenkasi
District, on the basis of the petitioner’s representation dated 30.01.2026.
2.By consent of both parties, this Writ Petition is taken up for
final disposal at the admission stage itself.
3.Mr.D.Sasikumar, learned Additional Government Pleader,
accepts notice for respondents 1 to 3; Mr.S.Deenadhayalan, learned Standing
Counsel, accepts notice for the fourth respondent and Mr.K.Sanjai Gandhi,
learned Government Advocate, accepts notice for the fifth respondent.
Considering the limited relief sought for by the petitioner, notice to the sixth
respondent is dispensed with.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
4.According to the petitioner, the sixth respondent has
constructed a temple by encroaching upon the street. In this regard, the
petitioner submitted a representation dated 30.01.2026 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 3, on instructions, submitted that the petitioner has not
come to this Court bona fide and that he has already filed a suit in O.S.No.64
of 2023 on the file of the District Munsif Court, Sivagiri, seeking rights over
the property in Survey No.18/4A. He further submitted that the petitioner
has also converted to another religion.
6.Though the filing of the said suit is not disputed, the same
indicates that the petitioner may have personal reasons for filing the present
Writ Petition in the nature of a Public Interest Litigation. Be that as it may,
the authority concerned is directed to consider the representation of the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
petitioner dated 30.01.2026, after affording sufficient opportunity of
personal hearing to both the petitioner and the sixth respondent, and to pass
appropriate orders on merits and in accordance with law within a period of
two months from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition is disposed of.
There shall be no order as to costs.
[N.S.K.,J.] [M.J.R.,J.]
06.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
To
1.The District Collector,
Thenkasi District,
Thenkasi.
2.The Revenue Divisional Officer,
Thenkasi,
Thenkasi District.
3.The Thasildar,
Kadaiyanallur,
Thenkasi District.
4.The Assistant Engineer,
Tamilnadu Electricity Board,
Puliyankudi,
Thenkasi District.
5.The Inspector of Police,
Chinnakovilakulam Police Station,
Chinnakovilakulam,
Tenkasi District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 06.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
