Madras High Court
WP(MD)/28891/2026 of Mohideensha Vs The District Collector on 8 October 2026
WP(MD) No. 28891 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 28891 of 2026
CNR:{HCMD011421442026}
Mohideensha
No.9-42/19, Maravar Street
Nalumavadi
Thoothukudi District - 628211
..Petitioner(s)
Vs
1. The District Collector
Thoothukudi District
Thoothukudi.
2. The Revenue Divisional Officer
Tiruchendur Division
Thoothukudi District.
3. The Tahsildar
Eral Taluk
Thoothukudi District.
4. The Block Development Officer
(Village Panchayat)
Alwarthirunagari Panchayat Union
Thoothukudi District.
5. The Village Administrative Officer
Nalumavadi Village
Eral Taluk
Thoothukudi District.
WP(MD) No. 28891 of 2026
6. The Firkha Surveyor
Arumugamangalam Firka
Eral Taluk
Thoothukudi District.
7. Ansar Wajitha
No.9/40, Maravar Street
Nalumavady
Thoothukudi District - 628211.
..Respondent(s)
Prayer : Writ Petition, filed under Article 226 of the Constitution of India, to issue a Writ of MANDAMUS, directing the Respondents 1 to 6 to take effective action for removal of the encroachment made by the 7th Respondent, namely, the borewell, toilet and iron gate put up in the public pathway comprised in Survey No.349/18, situated at Nalumavadi Village, Eral Taluk, Thoothukudi District, in the light of the proceedings of the 3rd Respondent in Na.Ka.Aa1/814/2026 dated 29.05.2026 within a time frame to be fixed by this Court.
For Petitioner(s):
Mr.G.Anto Prince
For Respondent(s):
Ms.K.R.Shivashankari,
Government Advocate
for R-1 to R-6.
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to
6. WP(MD) No. 28891 of 2026
2. Issuance of notice to the seventh respondent is dispensed with.
3. The petitioner is a resident of Nalumavadi Village, Thoothukudi District. He alleges that the seventh respondent herein had encroached on the petition mentioned public pathway. He wants the same to be removed.
4. When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the third respondent had already issued notice under Section 7 of the Tamil Nadu Land Encroachment Act on 29.05.2026. Response is awaited from the seventh respondent. The third respondent shall not wait for eternity. We direct the third respondent to conclude the proceedings within a period of six weeks from the date of receipt of a copy of this order. If the third respondent is satisfied that the encroachment has been committed, he shall remove the same immediately thereafter. This writ petition stands disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU
WP(MD) No. 28891 of 2026
To
1. The District Collector Thoothukudi District Thoothukudi.
2. The Revenue Divisional Officer Tiruchendur Division Thoothukudi District.
3. The Tahsildar Eral Taluk Thoothukudi District.
4. The Block Development Officer (Village Panchayat) Alwarthirunagari Panchayat Union Thoothukudi District.
5. The Village Administrative Officer Nalumavadi Village Eral Taluk Thoothukudi District.
6. The Firkha Surveyor Arumugamangalam Firka Eral Taluk Thoothukudi District.
WP(MD) No. 28891 of 2026
G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU WP(MD) No. 28891 of 2026 08-10-2026