Madras High Court

WP(MD)/29519/2026 of Mohamed Raja J Vs The Tahsildar on 13 October 2026

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WP(MD) No. 29519 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. 29519 of 2026

CNR:{HCMD011465142026}

Mohamed Raja J

S/o. Late Jaffer,

420, 8th East cross street,

Anna Nagar, Melamadai,

Gandhi Nagar, Madurai

..Petitioner(s)

Vs

1. The Tahsildar

Office Of The Tahsildar,

Melur,

Madurai.Madurai

2. Sakthivel Shanmugam

South Street, Sekkanurani

Kinnamangalam

Madurai 514

..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 1st respondent to remove the encroachments made in Survey No.346/2, Ayyapatti Village, Melur Taluk, Madurai by considering the petitioner’s representation dated 08.09.2026 within the time that may be stipulated by this Court.

__________

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WP(MD) No. 29519 of 2026

For Petitioner(s)

: Mr.Rameez Ajmal Khan R

For Respondent(s)

: Mr.M.Kannan

Special Government Pleader

for R.1

No Appearance for R.2

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent.

2. The petitioner is a resident of Madurai. The petitioner alleges that there are encroachments in the petition mentioned survey number in Ayyapatti Village. The petitioner wants the same to be removed.

3. When the matter was taken up for hearing, the learned Special Government Pleader admitted that the petition mentioned survey number has been classified as "Cart track". Any encroachment in a cart track is impermissible. We direct the first respondent to follow the provisions of the Land Encroachment Act and have the encroachment removed. Due process of law shall be observed. The second respondent herein and other __________

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WP(MD) No. 29519 of 2026 encroachers shall be put on notice. Merely because the expression "encroacher" has been used, that would not foreclose the defences of the second respondent. If the Tahsildar is satisfied that a cart track has been encroached, it shall be removed within a period of three months from the date of receipt of a copy of this order.

4. 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. 29519 of 2026 To The Tahsildar Office Of The Tahsildar, Melur, Madurai.Madurai __________

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WP(MD) No. 29519 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. MGA WP(MD) No. 29519 of 2026 13-10-2026 __________

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