Madras High Court

WP(MD)/20081/2025 of Thirumalaikumarasamy Vs The District Collector / Cha on 5 October 2026

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W.P.(MD)No.20081 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.10.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS.JUSTICE M.D.SUMATHI

WP(MD) NO. 20081 of 2025

{CNR: HCMD010849352025}

Case QR

Thirumalaikumarasamy

... Petitioner

Vs.

1.The District Collector / Chairperson,

District Monitoring Committee,

Tirunelveli District.

2.The Revenue Divisional Officer,

Cheranmahadevi,

Tirunelveli District.

3.The Tahsildar,

Cheranmahadevi Taluk,

Tirunelveli District.

4.The Block Development Officer,

Cheranmahadevi,

Tirunelveli District.

5.Senai Thalaivar Youth Wing,

Rep by its President,

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W.P.(MD)No.20081 of 2025

Bharthidasan Street,

Cheranmahadevi,

Tirunelveli District.

... Respondents

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 4 to remove the encroachments made by the 5th respondent on the government land (Sarkar Poramboke) Comprised in Survey No.1719/2 of Bharathidasan Street, Cheranmahadevi, Tirunelveli District based on the petitioner's representation dated 16.06.2025 and 18.06.2025 within the time frame as fixed by this Court.

For Petitioner

: No appearance

For Respondents : Mr.M.Kannan,

Spl. Government Pleader for R1 to R4.

Mr.A.Sankararamasubramanian for R5

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ORDER

(By G.R.Swaminathan, J.) None appears for the writ petitioner. Heard the learned Special Government Pleader for the respondents 1 to 4 and the learned counsel for the fifth respondent.

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W.P.(MD)No.20081 of 2025

2. The writ petitioner wants us to direct the authorities to remove the encroachment in the petition mentioned survey numbers. The petition mentioned survey numbers have been classified as follows:-

3. It can be seen from the aforesaid entry that the subject land does not vest with the government. It has been earmarked for a particular community. Therefore, the question of invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905 will not arise at all. The third respondent will not have any jurisdiction to take action in the matter. The writ petitioner, if at all aggrieved, can only move the jurisdictional civil court under Section 92 of Civil Procedure Code.

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W.P.(MD)No.20081 of 2025

4. With the aforesaid liberty to the writ petitioner, this writ petition is dismissed. No costs. (G.R.S. J.,) & (M.D.S. J.,) 05.10.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

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

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3. The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

4. The Block Development Officer, Cheranmahadevi, Tirunelveli District.

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W.P.(MD)No.20081 of 2025

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W.P.(MD)No.20081 of 2025 G.R.SWAMINATHAN, J. and M.D.SUMATHI

, J.

ias W.P.(MD)No.20081 of 2025

05.10.2026

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