Madras High Court
WP(MD)/12721/2026 of Aruna Kamalam Vs The District Collector/monit on 15 October 2026
WP(MD) No. 12721 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 12721 of 2026
CNR:{HCMD010167012026}
1. Aruna Kamalam
W/o. V Manoharan,
C-616, Block-C, KG Signature City.
200 Ft. Bypass Road,
Adayalampattu,
Madurai - 600 095.
2. S.Saravanakumar
S/o Srinivasan
Sriram Nivas, S1,2nd floor,
22/32,6th Main Road RA Puram,
Madurai -600028
..Petitioner(s)
Vs
1. The District Collector/monitoring committee.
Virudhunagar District,
NH-7, Kumaraswamy Nagar,
Virudhunagar - 626002.
2. The Sub Collector Sivakasi,
Near railway station,
Satchiyepuram, srivilliputhur, Road,
Sivakasi west Sivakasi - 626124
3. The Municipal Commissioner,
Srivilliputhur Municipality,
63, Sakkarai Kulam Street,
Srivilliputhur-626125.
4. The Municipal Engineer,
WP(MD) No. 12721 of 2026
Srivilliputhur Municipality,
63, Sakkarai Kulam Street,
Srivilliputhur - 626125.
5. The Tahsildar,
Srivilliputhur Taluk Office,
109, Thiruvannamalai Road,
Mangapuram, Srivilliputhur-626125.
6. Sri Mahaganapathy Thirukovil Rep by its President Mr.Gurusamy Vaniyar Sangam, Krishnan Kovil Street, Sriviliputhur 626125
..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 1-5 to immediately conduct a joint inspection of Krishnan Kovil Street, Ward No.1, Block No.25, T.S.No.3319 (old S.NO.54/1)
Srivilliputhur, ascertain the extent of illegal encroachment on the public road and consequently initiate statutory proceedings under the Tamil Nadu Land Encroachment Act, 1905, and remove the encroachment within a time frame fixed by this Court.
For Petitioner(s):
M/s Maharajan R
For Respondent(s):
Mr.M.Kannan
Special Government Pleader
for R1, R2 & R5
: Mr.P.Srinivas
for R3
: no appearance
for R4 & R6
WP(MD) No. 12721 of 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides except the sixth respondent.
2. The petitioners are in occupation of the Krishnankovil street, Srivilliputhur Taluk. His grievance is that the trustee of the sixth respondent temple has illegally put up a compound wall and also expanded its dimensions. He therefore wants survey to be conducted.
3. T.S.No.27 has been classified as Krishnankovil west street – Sri Mahaganapathy Alayam. In the revenue record itself, the existence of the temple has been acknowledged. Therefore, the temple cannot be termed as an encroachment. It appears to have been put up more than 40 years ago. The writ petitioner purchased their property only recently in the year 2008. However, the subsequent constructions appear to be affecting the petitioner's access rights as per the photographs enclosed in the typed set of papers. If the compound wall obstructs the petitioner's access rights, then it has to be necessarily removed.
4. We direct the third respondent to issue notice to the sixth respondent and hear both the parties and ensure that the access rights of
WP(MD) No. 12721 of 2026 the petitioners are not affected. If necessary, the compound wall may have to be pulled down. The new construction that appears to have been recently put up may have to be pruned. The temple could continue to exist. This exercise shall be completed within a period of four months from the date of receipt of a copy of this order. The Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi To
1. The District Collector/monitoring committee. Virudhunagar District, NH-7, Kumaraswamy Nagar, Virudhunagar - 626002.
2. The Sub Collector Sivakasi, Near railway station, Satchiyepuram, srivilliputhur, Road, Sivakasi west Sivakasi - 626124
3. The Tahsildar, Srivilliputhur Taluk Office, 109, Thiruvannamalai Road, Mangapuram, Srivilliputhur-626125.
WP(MD) No. 12721 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 12721 of 2026 15-10-2026