Madras High Court
WP(MD)/29461/2026 of M.Subbiah Doss Vs The District Collector on 13 October 2026
WP(MD) No. 29461 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29461 of 2026
CNR:{HCMD011402092026}
M.Subbiah Doss
96/72, Mutharamman Kovil South Street,
Tiruchendur,
Thoothukudi District - 628215
..Petitioner(s)
Vs
1. The District Collector
Thoothukudi District
Thoothukudi
2. The Tahsildar
Tiruchendur Taluk
Thoothukudi District.
3. The Assistant Divisional Engineer
Chennai - Kaniyakumari Industrial Corridor Project(CKICP)
Tirunelveli.
4. Mr.Muthu Raman
Na. Muthaiyapuram,
Mela Tiruchendur
Tiruchendur Taluk
Thoothukudi District
5. Mr.Arumugam
47/3, East Street
Ranimaharajapuram
__________
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WP(MD) No. 29461 of 2026
Kandasawamipuram
Tiruchendur Taluk
Thoothukudi District
6. Mr. Dharmalingam
21,Adaikalapuram
Kandaswamipuram
Tiruchendur Taluk
Thoothukudi 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 herein to remove the encroachment made by the respondents 4 to 6 in the Survey No.907 which is classified as “Government Paathai” based on the letter in Na.Ka.Aa.1/3040/2025 dated 30.07.2025 on the file of 2nd respondent or other orders as this may deem fit and proper in the circumstances of this case and thus render justice.
For Petitioner(s)
: Mr.Aayiram K.Selvakumar
For Respondent(s)
: Mr.M.S.Parthiban
Government Advocate (Civil Side)
for R.1 to R.3
No Appearance for R.4 to R.6
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the writ petitioner and the learned Government Advocate appearing for the respondents 1 to 3. Issuance of notice to the respondents 4 to 6 is dispensed with. __________
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WP(MD) No. 29461 of 2026
2. The petitioner is a resident of Tiruchendur. He alleges that there are encroachments in the petition mentioned survey number and he wants the same to be removed.
3. The learned Government Advocate admits that the petitioner mentioned survey number has been classified as "Padhai" (Pathway). He also submits that survey has been completed.
4. Encroachment in a public street or pathway is impermissible. We, therefore, direct the third respondent to follow the procedure set out in the relevant statute. Due process of law shall be observed. Notice will be given to the encroacher. But the encroachment found in the petition mentioned pathway should be removed within a period of four (4) months from the date of receipt of copy of this order.
5. This Writ Petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA __________
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WP(MD) No. 29461 of 2026 To
1. The District Collector Thoothukudi District Thoothukudi
2. The Tahsildar Tiruchendur Taluk Thoothukudi District.
3. The Assistant Divisional Engineer Chennai - Kaniyakumari Industrial Corridor Project(CKICP) Tirunelveli. __________
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WP(MD) No. 29461 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. MGA WP(MD) No. 29461 of 2026 13-10-2026 __________
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