Madras High Court

WP(MD)/34946/2025 of Sindha Sheik Madhaar Vs The District Collector / Mon on 7 October 2026

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WP(MD) No. 34946 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. 34946 of 2025

CNR:{HCMD011849542025}

&

W.M.P.(MD)No.27633 of 2025

Sindha Sheik Madhaar

S/o.Kaja Mohideen,

No.2A/1, New No.6, Methamaarpalayam 2nd Street, Melapalayam, Palayamkottai, Tirunelveli- 627 005.

..Petitioner(s)

Vs

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

2. The Commissioner

Tirunelveli Corporation, Tirunelveli District.

3. Miya Pillai Beevi

W/o.Jailani,

New No.1/61, Methamaarpalayam 2nd Street, Melapalayam, Palayamkottai, Tirunelveli - 627 005.

4. Sheik Hussain

S/o.Kadhar Mohideen,

3/60, Methamaarpalayam 2nd Street,

Melapalayam, Palayamkottai,

Tirunelveli - 627 005.

5. Vajeeha

W/o.Not Known,

7/58, Methamaarpalayam 2nd Street,

Melapalayam, Palayamkottai,

WP(MD) No. 34946 of 2025

Tirunelveli - 627 005.

6. V.Ayisha

W/o.Not Known,

7/58, Methamaarpalayam 2nd Street,

Melapalayam, Palayamkottai,

Tirunelveli - 627 005.

7. Farhan

S/o.Not Known,

7/58, Methamaarpalayam 2nd Street,

Melapalayam, Palayamkottai,

Tirunelveli - 627 005.

8. Magbool

S/o.Not Known,

7/58, Methamaarpalayam 2nd Street,

Melapalayam, Palayamkottai,

Tirunelveli - 627 005.

9. Haseena

W/o.Not Known,

7/58, Methamaarpalayam 2nd Street,

Melapalayam, Palayamkottai,

Tirunelveli - 627 005.

..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 and 2 to remove the encroachments made by the Respondents 3 to 9 in T.S.No.54, Methamaarpalayam, Melapalayam, Palayamkottai, Tirunelveli and to construct rain water drainage system to an extent from T.S.No.65 to T.S.No.76 by considering the representation of the petitioner dated 28.11.2025 within a time frame stipulated by this Court.

For Petitioner(s):

Ms.K.Swathini

for Mr.G.Prabhu Rajadurai

WP(MD) No. 34946 of 2025

For Respondent(s):

Mr.S.Shanmugam

Government Advocate

for R1

: Mr.S.P.Maharajan

Standing Counsel for R2

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the petitioner and the learned Government Advocate for R1 and the learned standing counsel for R2. The private respondents have been served and their names are printed in the cause list. But they have not chosen to enter appearance.

2. The petitioner is a resident of Melapalayam. He alleges that the private respondents have committed encroachment in the petition mentioned public street.

3. A bare look at the photographs enclosed in the typed set of papers bear out the allegation made out by the petitioner. We therefore direct the second respondent to conduct survey of the petition mentioned pathway. If it turns out that the private respondents have put up the constructions in whatever form over the private channel or public pathway, then, it shall be removed. It is needles to mention that notice will have to be given by the second respondent before conducting survey or before taking any coercive action. The entire exercise shall be completed within a period of three months.

WP(MD) No. 34946 of 2025

4. The Writ Petition is allowed. 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 To

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

2. The Commissioner Tirunelveli Corporation, Tirunelveli District.

WP(MD) No. 34946 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 34946 of 2025 07-10-2026

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