Madras High Court

WP(MD)/32681/2025 of Nallaiyan Vs The District Collector on 7 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 07.10.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS.JUSTICE M.D.SUMATHI

WP(MD) NO. 32681 of

{CNR: HCMD011642162025}

Case QR

&

WMP(MD) NO. 9330 OF 2026,

WP(MD) NO. 12295 OF 2026,WMP(MD) NO. 25767 OF 2025

Nallaiyan

... Petitioner

in W.P.(MD)No.32681 of 2025

Mookan

... Petitioner

in W.P.(MD)No.12295 of 2026

Vs.

1.The District Collector

Office of the District Collector

Pudukkottai District.

2.The District Revenue Officer

Office of the District Revenue Officer

Pudukkottai District.

3.The Revenue Divisional Officer

Office of the Revenue Divisional Officer

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W.P.(MD)No.32681 of 2025

Pudukkottai

Pudukkottai District.

4.The Block Development Officer

Office of the Block Development Officer

Gandharvakottai Block

Pudukkottai District.

5.The Tahsildar

Office of the Tahsildar

Gandharvakottai Block

Pudukkottai District.

6.The Village Administrative Officer

Office of the Village Administrative Officer Namburanpatti Village Gandharvakottai Taluk Pudukottai District.

7.Ravi

... Respondents

in both W.Ps.

Prayer in W.P.(MD)No.32681 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, a) directing the respondents No.1 to 5 to remove the encroachment made by the Respondent No.7 in Survey No.167/32 in Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District. b)

Directing the Respondent no.4 to lay road in any other Government land in Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District instead of Petitioners patta land No.116/1B Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District.

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W.P.(MD)No.32681 of 2025

Prayer in W.P.(MD)No.12295 of 2026: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, a) directing the fourth respondent to lay road in any other Government land in Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District, instead of petitioner's patta land in S.No.166/1C &

166/1E in Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District b) Directing the respondents 1 to 5 to remove the encroachment made by the 7th respondent in s.No.167/32 in Namburanpatti Village, Gandharvakottai Taluk, Pudukkottai District.

For Petitioner

: Dr.R.Alagumani

For Respondents : Mrs.M.R.Priyanka Jothi Government Advocate (Civil Side)

for R1 to R5

(in both W.Ps)

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COMMON ORDER

(By G.R.Swaminathan, J.) Heard both sides.

2. It is conceded by the respondents that S.No.166/1C, 166/1E & 166/1B are patta lands belonging to the respective petitioners. A road was sought to be laid thereon.

3. Following the grant of interim order by this Court, road laying work has been stopped. It is open to the authorities to acquire the petitioners' land, and thereafter lay road. So long as the land belongs to

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W.P.(MD)No.32681 of 2025 the writ petitioners, it is not open to the authority to lay any road thereon.

4. The petitioners allege that there are encroachments in S.No. 167/32. It is stated by the learned Government Advocate that encroachment has since been removed. The said submission is recorded.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (M.D.S. J.,) 06.10.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To:

1. The District Collector, Virudhunagar District Virudhunagar.

2. The Tahsildar Tiruchuli Taluk Virudhunagar District.

3. The Revenue Inspector Narikudi Firka Tiruchuli Taluk Virudhunagar District.

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W.P.(MD)No.32681 of 2025

4. The Village Administrative Officer Athithanendhal Revenue Village Tiruchuli Taluk Virudhunagar District.

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W.P.(MD)No.32681 of 2025 G.R.SWAMINATHAN, J. and M.D.SUMATHI

, J.

rmi W.P.(MD)Nos.32681 of 2025 & W.P.(MD)No.12295 of 2026

07.10.2026

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