Madras High Court
WP(MD)/21198/2025 of Natarajan Vs The District Collector on 5 October 2026
W.P.(MD)No.21198 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. 21198 of 2025
{CNR: HCMD010926932025}
Case QR
Natarajan
... Petitioner
Vs.
1.The District Collector,
Pudukkottai.
2.The Special Tahsildar,
Natham Settlement Scheme,
Pudukkottai District.
3.The Commissioner,
Pudukkottai Corporation,
Pudukkottai.
4.Santhi
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment by the 4th respondent in
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W.P.(MD)No.21198 of 2025
the property situated in S.F.No.53/1H and to remove the unauthorized construction in S.F.No.53/1F of Muthu Nagar, Pudukkottai Town and District at once.
For Petitioner
: Mr.P.Ganapthi Subramanian
For Respondents : Mr.M.S.Parthiban,
Government Advocate for R1 & R2.
Mr.P.Mahendran for R3
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ORDER
(By G.R.Swaminathan, J.) Heard both sides.
2. The writ petitioner alleges that the fourth respondent had committed encroachment in the petition mentioned survey numbers.
3. The learned Government Advocate confirms that the petition mentioned survey numbers have been classified as “thidal (ground)” . It vests with the local body. The learned standing counsel for the local body states that the survey conducted by them indicated that there are encroachments. Since a civil suit has been instituted, they have not taken further action. Mere pendency of a civil suit shall not be an impediment
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W.P.(MD)No.21198 of 2025 for taking action. Of course, the authority concerned is obliged to give reasonable breathing time to enable the encroacher to get interim order. But then, they cannot wait for eternity.
4. We direct the third respondent to wait for six weeks from today ie., 05.10.2026. If during the intervening period, any interim order is obtained by the fourth respondent, then further action will abide by the outcome of the civil suit. If no interim order is obtained in the meanwhile, the third respondent is bound to take further action. The learned standing counsel states that encroachment removal notice has already been issued.
5. This writ petition is disposed of of accordingly. No costs. (G.R.S. J.,) & (M.D.S. J.,) 05.10.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
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W.P.(MD)No.21198 of 2025 To:
1. The District Collector, Pudukkottai.
2. The Special Tahsildar, Natham Settlement Scheme, Pudukkottai District.
3. The Commissioner, Pudukkottai Corporation, Pudukkottai.
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W.P.(MD)No.21198 of 2025
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W.P.(MD)No.21198 of 2025 G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias W.P.(MD)No.21198 of 2025
05.10.2026
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