Madras High Court

WP(MD)/29289/2026 of Kaliappan Vs The District Collector/Monit on 12 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MRS.JUSTICE M.D.SUMATHI

WP(MD) No. 29289 of 2026

CNR:{HCMD011448872026}

Kaliappan

Pooncholaipatti,

Edaiyapatti Post,

Kadavur Taluk,

Karur District.

..Petitioner(s)

Vs

1. The District Collector/Monitoring Committee Karur District, Karur

2. The Revenue Divisional Officer

Karur,

Karur District.

3. The Tahsildar

Kadavur Taluk,

Karur District

4. Periyarasu Gounder

S/o, Kaali Gounder,

Pungambadi,

T. Idaiyapatti East Village,

Kadavur Taluk, Karur District,

5. Pichaimuthu

S/o. Rasu Gounder (a) Kalai,

Pungambadi,

T. Idaiyapatti East Village,

Kadavur Taluk,

Karur District.

6. Marimuthu

S/o. Rasu Gounder (a) Kalai,

Pungambadi,

T. Idaiyapatti East Village,

Kadavur Taluk,

Karur District.

7. Malaiyan

S/o. Rasu Gounder (a) Kalai,

Pungambadi,

T. Idaiyapatti East Village,

Kadavur Taluk,

Karur District.

8. The District Revenue Officer,

Karur.

(R.8 is suo motu impleaded vide

order of this Court dated 12.10.2026)

..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 in S.F.No. 1468/1, situated at T.Idaiyapatti East Village, Kadavur Taluk, Karur District, based upon the Petitioners representation dated 29.06.2026 within the time stipulated by this Court.

For Petitioner(s)

: Mr.S.Gokulraj

For Respondent(s)

: Mr.S.Shanmugam

Government Advocate (Civil Side)

for R.1 to R.3 & R.8

No Appearance for R.4 to R.7

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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 official respondents. Issuance of notice to the private respondents is dispensed with.

2. The writ petitioner herein filed a representative suit in O.S No.206 of 2013 on the file of the District Munsif Court, Kulithalai. The prayer was for permanent injunction and to restrain the authorities from granting patta in favour of the private parties. The suit schedule property pertains to SF No.1468/1, T.Idaiyapatti East Village, Kadavur Taluk, Karur District. The suit was decreed as prayed for on 31.01.2020. Questioning the same, the aggrieved defendants filed A.S.No.14 of 2020 on the file of Sub Court, Kulithalai. The appeal was dismissed on 31.01.2024.

3. We do not know if any second appeal has been filed. However, the learned counsel for the petitioner asserts that the decree passed by the civil Court has attained finality and that no second appeal has been preferred.

4. Be that as it may, the instructions given to the learned Government Advocate are that the subject survey number was originally classified as “cart track” and that during UDR it was erroneously classified as “patta land” in the names of Periyasamy, Pichai Muthu and Mari Muthu.

5. The Tahsildar has submitted proposal to the District Revenue Officer, Karur for making the necessary corrections in the revenue record.

6. The District Collector, Karur, the Revenue Divisional Officer and the Tahsildar are parties to the civil suit instituted by the petitioner herein in representative capacity. Still in view of the entry in the revenue record, we are unable to dispose of this writ petition on the strength of the decree passed by the civil Court at the admission stage. We will have to necessarily hear the private respondents if any second appeal has been filed.

7. We, therefore, dispose of this writ petition by directing the District Revenue Officer, Karur (the eight respondent herein) to pass final order on the proposal submitted by the Tahsildar, Kadavur within a period of eight weeks from the date of receipt of a copy of this order. It is needless to mention that before making the necessary corrections, the District Revenue Officer, Karur has to put the private respondents herein on notice. We give such a direction because an UDR error can be corrected only by the DRO. It is well settled that there is no limitation for making such correction. In any event, the DRO cannot go against the findings given by the jurisdictional civil Court. If the DRO finds that the decree obtained by the petitioner is holding the field, he has to necessarily correct the aforesaid UDR error. Once such a correction has been made, the jurisdictional Tahsildar is obliged to take action under the provisions of the Land Encroachment Act for removing the encroachments. This exercise shall be completed by the jurisdictional Tahsildar within a period of two months after the DRO passes final order in favour of the petitioner herein.

8. This Writ Petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 12-10-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA Note: Issue order copy on 16.10.2026.

To

1. The District Collector/Monitoring Committee Karur District, Karur

2. The Revenue Divisional Officer Karur, Karur District.

3. The Tahsildar Kadavur Taluk, Karur District

4. The District Revenue Officer, Karur. Copy to

1. The District Munsif Court, Kulithalai.

2. The Sub Court, Kulithalai.

G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. MGA WP(MD) No. 29289 of 2026 12-10-2026

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