Madras High Court

WP(MD)/31968/2025 of Shanmugam Vs The District Collector on 7 October 2026

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WP(MD) No. 31968 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

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

WP(MD) No. 31968 of 2025

CNR:{HCMD011591482025}

&

W.M.P.(MD)No.25153 of 2025

Shanmugam,

S/o.Jeganathan,

No.208, East Street,

Koothakudi, Melaiyur Village,

Thiruvidaimaruthur Taluk, Thanjavur District.

..Petitioner(s)

Vs

1. The District Collector

Thanjavur District,

Thanjavur.

2. The Revenue Divisional Officer,

Kumbakonam,

Thanjavur District,

3. The Tahsildar,

Thiruvidaimaruthur Taluk,

Thanjavur District,

4. The Block Development Officer,

Melaiyur Village,

Thiruvidaimaruthur Taluk,

Thanjavur District,

5. The Assistant Engineer,

Public Works Department,

Peralam Division,

S.Pudur, Thanjavur.

WP(MD) No. 31968 of 2025

6. Malaiyaperumal,

S/o.Rajagopal,

East Street, Koothakudi,

Thiruneelakudi Post,

Melaiyur Village,

Thiruvidaimaruthur Taluk,

Thanjavur District,

7. Muthusamy,

S/o.Govindan,

East Street, Koothakudi,

Thiruneelakudi Post,

Melaiyur Village,

Thiruvidaimaruthur Taluk,

Thanjavur District,

8. Mohan,

S/o.Kannusamy,

East Street, Koothakudi,

Thiruneelakudi Post,

Melaiyur Village,

Thiruvidaimaruthur Taluk,

Thanjavur District,

9. Balu,

S/o.Jeganathan,

East Street, Koothakudi,

Thiruneelakudi Post,

Melaiyur Village,

Thiruvidaimaruthur Taluk,

Thanjavur 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 5

to consider the petitioners representation dated 09.06.25, 19.08.25 and 20.09.25

and remove the encroachments made by the respondents 6 to 9 in the channel bank, public road and Government land situated in S.No.341, 340/28 and 340/5

respectively at Melaiyur Village, Thiruvidaimaruthur Taluk, Thanjavur District within the time fixed by this Court.

WP(MD) No. 31968 of 2025

For Petitioner(s):

Mr.N.Vignesh

For Respondent(s):

Mr.M.Kannan

Special Government Pleader

for R1 to R5

Mr.H.Lakshmi Shankar

for R6

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The writ petitioner is a resident of Melaiyur Village. He alleges that there are encroachments in the petition mentioned survey numbers. He wants the same to be removed.

3. The learned Special Government Pleader concedes that S.No.341 has been classified as “canal”, S.No.340/28 has been classified as “street” and S.No.340/5 has been allotted to the Adi Dravidar Department. In any event, the private respondents herein do not have any claim or title over the aforementioned three survey numbers.

4. We, therefore, direct the third respondent Tahsildar to ensure that there are no encroachments in the petition mentioned three survey numbers. If there are encroachments, they shall be removed by adhering to due process of law.

WP(MD) No. 31968 of 2025 We grant three months time to carry out this exercise. We direct the fifth respondent to clear the encroachment in S.No.341. As regards other two survey numbers, it is the duty of the Tahsildar to ensure that there are no encroachments. The Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.,J.) (M.D.S.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi

WP(MD) No. 31968 of 2025 To

1. The District Collector Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Kumbakonam, Thanjavur District,

3. The Tahsildar, Thiruvidaimaruthur Taluk, Thanjavur District,

4. The Block Development Officer, Melaiyur Village, Thiruvidaimaruthur Taluk, Thanjavur District,

5. The Assistant Engineer, Public Works Department, Peralam Division, S.Pudur, Thanjavur.

WP(MD) No. 31968 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 31968 of 2025 07-10-2026

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