Madras High Court
WP(MD)/19824/2025 of Santhi Vs The District Collector / Mon on 1 October 2026
WP(MD) No. 19824 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
AND
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 19824 of 2025
CNR:{HCMD010830262025}
Santhi
W/o Valai Muthusamy,
91 Shanthi Bavanam,
Pandian Nagar,
Kariyapatti,
Virudhunagar District.
..Petitioner(s)
Vs
1. The District Collector / Monitor Committee Virudhunagar District.
2. The Thasildar
Kariyapatti Taluk,
Virudhunagar District.
3. Executive Officer (Town Panchayats)
Kariyapatti 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 respondents to remove the encroachments made in pathway 10 feet wide and 120 feet length running through in S.No. 23/34, 23/35 and 23/36 in KattuKuthagai Karisalkulam Village, Kariyapatti Taluk, Virudhunagar District by disposing Petitioner’s representation dated 14.03.2024 within a time to be fixed by this Court.
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WP(MD) No. 19824 of 2025
For Petitioner(s):
Mr.R. Suriya Narayanan
For Respondent(s):
Mr.M.Mahaboob Athiff, SGP for R-1 and
R-2
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ORDER
(Order of the Court was made by M.Dhandapani J.) This writ petition has been filed seeking a direction to the respondents to remove the encroachments made in the pathway measuring 10 feet in width and 120 feet in length, running through Survey Nos.23/34, 23/35 and 23/36, situated at Kattukuthagai Karisalkulam Village, Kariyapatti Taluk, Virudhunagar District, by considering and disposing of the petitioner's representation dated 14.03.2024, within a time frame to be fixed by this Court.
2. The learned counsel appearing for the petitioner would submit that the petitioner has submitted a representation dated 14.03.2024 seeking removal of the encroachments made in the pathway leading to the petitioner's house and that the same has not been considered so far.
3. The learned Special Government Pleader appearing for the respondents has filed a status report before this Court. The relevant portion of the said status report is extracted hereunder: __________
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WP(MD) No. 19824 of 2025 “4. It is respectfully submitted that the north to south access pathway to the petitioner's house passes through the eastern side of Survey Nos.23/34, 23/35 and 23/36 in Kattukuthagai Karisalkulam Village. These Survey Numbers pertain to patta lands. The sellers, buyers, existing landowners or any other individuals, including the writ petitioner, have not relinquished their lands as pathway to the Government or the concerned Local Body for public use or accessibility.”
4. In view of the above submission made in the status report, it is evident that the lands in question are patta lands and that the same have not been relinquished to the Government or the concerned Local Body for being used as a public pathway
5. In such circumstances, this Court is not inclined to issue any positive direction to the respondents for removal of the alleged encroachments. However, it is open to the petitioner to work out his remedy in the manner known to law, if so advised.
6. Accordingly, this writ petition is disposed of with liberty to the petitioner to work out his remedy in the manner known to law. No costs. (M.D.I.,J.) (N.D.K.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG __________
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WP(MD) No. 19824 of 2025 To
1. The District Collector / Monitor Committee Virudhunagar District.
2. The Thasildar Kariyapatti Taluk, Virudhunagar District.
3. Executive Officer (Town Panchayats) Kariyapatti Taluk, Virudhunagar District. __________
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WP(MD) No. 19824 of 2025 M.DHANDAPANI, J. AND N.DILIP KUMAR, J. tsg WP(MD) No. 19824 of 2025 01-10-2026 __________
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