Madras High Court

WP(MD)/32692/2025 of Selvi A Vs The District Collector/Monit on 7 October 2026

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WP(MD) No. 32692 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. 32692 of 2025

CNR:{HCMD011641632025}

Selvi A

D/o. Alagar,

Door No. 3/101, West Street,

Kanakki Village,

K. Chettikulam,

Aruppukottai Taluk, Virudhunagar District

..Petitioner(s)

Vs

1. The District Collector/Monitoring Committee District Collectorate, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer

Aruppukottai Division,

Aruppukottai,

Virudhunagar District.

3. The Tahsildar

Aruppukottai Taluk,

Aruppukottai

Virudhunagar District.

4. The Block Development Officer

M. Reddiapatti Block,

Aruppukottai Taluk,

Virudhunagar District

5. Tmt.Sundarammal

D/o Silukkumuthu Thevar,

Kanakki Village,

K.Chettikulam,

__________

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WP(MD) No. 32692 of 2025

Aruppukottai Taluk,

Virudhunagar District.

6. Tmt.Muthu

D/o Silukkumuthu Thevar,

Kanakki Village,

K.Chettikulam,

Aruppukottai Taluk,

Virudhunagar District.

7. Nagaraj

Kanakki Village,

K.Chettikulam,

Aruppukottai Taluk,

Virudhunagar 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 Respondent Nos.1

to 4 herein to take immediate steps to remove the encroachment and construction made by the Respondent Nos.5 to 7 herein on the public path way comprised in Survey No.242/3, Kanakki Village, Aruppukottai Taluk, Virudhunagar District within the time frame that may be fixed by this Honble court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner(s):

Mr.D.Siva Raman

A.Balaji

For Respondent(s):

Mr.S.Shanmugam

Government Advocate (Civil Side)

for R1 to R4

: Mr.M.Divakaran

for R5 to R7

__________

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WP(MD) No. 32692 of 2025

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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 Kanakki Village. She alleges that there are encroachments in S.No.242/3. She wants the same to be removed.

3. The learned Government Advocate concedes that S.No.242/3 has been classified as “pathway”. He also would add that order under Section 6 of the Land Encroachment Act was passed on 28.08.2026. It is stated that the private respondents herein have filed an appeal before the District Collector under Section 10 of the Act. The appeal was filed on 08.09.2026.

4. We direct the District Collector, Virudhunagar to dispose of the said appeal on merits and in accordance with law within a period of three months. If the appeal is dismissed, it is the duty of the third respondent to enforce the eviction order already passed by him without any delay. The Writ Petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No __________

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WP(MD) No. 32692 of 2025 rmi __________

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WP(MD) No. 32692 of 2025 To

1. The District Collector/Monitoring Committee District Collectorate, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer Aruppukottai Division, Aruppukottai, Virudhunagar District.

3. The Tahsildar Aruppukottai Taluk, Aruppukottai Virudhunagar District.

4. The Block Development Officer M. Reddiapatti Block, Aruppukottai Taluk, Virudhunagar District

5. Tmt.Sundarammal D/o Silukkumuthu Thevar, Kanakki Village, K.Chettikulam, Aruppukottai Taluk, Virudhunagar District.

6. Tmt.Muthu D/o Silukkumuthu Thevar, Kanakki Village, K.Chettikulam, Aruppukottai Taluk, Virudhunagar District.

7. Nagaraj Kanakki Village, K.Chettikulam, Aruppukottai Taluk, Virudhunagar District. __________

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WP(MD) No. 32692 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 32692 of 2025 07-10-2026 __________

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