Madras High Court
WP(MD)/20211/2026 of Malathi Vs The District Collector/The C on 16 October 2026
WP(MD) No. 20211 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 20211 of 2026
CNR:{HCMD010956162026}
Malathi
W/o.Murugan,
276, Petchiamman Kovil Street,
Thirumalapuram,
Vadakku Panavadali Village,
Sankarankovil Taluk,
Tenkasi District.
..Petitioner(s)
Vs
1. The District Collector/The Chairperson High Level Monitoring Committee, Tenkasi, Tenkasi District.
2. The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
3. The Tahsildar,
Sankarankovil Taluk,
Tenkasi District.
4. Vellathai,
W/o.Raj,
Thirumalpuram,
Vadakku Panavadali Village,
Sankarankovil Taluk,
Tenkasi District.
5. Panneerselvam,
S/o.Ramasamy,
__________
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WP(MD) No. 20211 of 2026
Thirumalpuram,
Vadakku Panavadali Village,
Sankarankovil Taluk,
Tenkasi District.
6. P.Manikandan,
S/o.Paramasivan Thevar
5-36, East Street,
Thirumalpuram,
Vadakku Panavadali Village,
Sankarankovil Taluk,
Tenkasi District.
7. Ramarpandi alias Velladurai,
S/o.Madasamy Thevar
School Street,
Thirumalpuram,
Vadakku Panavadali Village,
Sankarankovil Taluk,
Tenkasi District.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 7 respondent in cart track in Survey No.214, 244, 245 having width of 4 meter in Thirumalapuram, Village, Panavadali Vadakku a Sankarankovil Taluk, Tenkasi District.
For Petitioner(s):
Mr.R.J.Karthick
For Respondent(s):
Ms.K.R.Shivashankari
Additional Government Pleader
for R.1 to R.3
Mr.M.V.Athi Seshan
for R.4 & R.6
__________
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WP(MD) No. 20211 of 2026
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. According to the petitioner, Nilaviyal Pathai runs through the petition-mentioned survey numbers.
3. When the matter was taken up for hearing, the learned Additional Government Pleader admitted that Nilaviyal Pathai runs through the Survey No.245.
4. We direct the third respondent to clear the encroachments in Survey No.245. As regards Survey No.244, according to the learned Additional Government Pleader, it is a Patta land. As regards Survey No.214, there is a real dispute. The Tahsildar, Sankarankovil, vide proceedings dated 11.09.2024, had observed that it could be inferred that Nilaviyal Pathai runs through Survey No. 214 as well.
5. When we questioned the learned counsel for the sixth respondent as to why he has not challenged the same, the learned counsel replied that an appeal had been filed before the Revenue Divisional Officer. Therefore, the rights of the parties will abide by the outcome of the said __________
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WP(MD) No. 20211 of 2026 appeal. If the Revenue Divisional Officer confirms the order passed by the Tahsildar, Sankarankovil, then the impugned order subject to Manikandan’s further remedies will have to be enforced.
6. The learned counsel for the petitioner contended that Survey Nos.214 and 244 stand on the same footing. This contention is not correct. We had a look at the A -Register entries. Survey No.245 has been clearly classified as “Nilaviyal Pathai”. On the other hand, it is only the Tahsildar’s proceedings which states that Nilaviyal Pathai runs through Survey No.214. Therefore, the two survey numbers cannot be said to be on the same footing. The encroachment found in Survey No.245 shall be removed. Whether the encroachment in Survey No. 214 is to be removed or not will depend upon the outcome of the Revenue Divisional Officer’s appeal.
7. This Writ Petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA __________
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WP(MD) No. 20211 of 2026 To
1. The District Collector/The Chairperson High Level Monitoring Committee, Tenkasi, Tenkasi District.
2. The Revenue Divisional Officer, Sankarankovil, Tenkasi District.
3. The Tahsildar, Sankarankovil Taluk, Tenkasi District. __________
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WP(MD) No. 20211 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. MGA WP(MD) No. 20211 of 2026 16-10-2026 __________
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