Madras High Court
WP/36316/2026 of TamilMani Vs THE DISTRICT COLLECTOR on 9 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
Writ Petition No. 36316 of 2026
and
W.M.P.No. 40634 of 2026
TamilMani
..Petitioner
Vs
1. The District Collector,
Kallakurichi District,
Kallakurichi.
2. The Revenue Divisional Officer,
Thirukovilur,
Kallakurichi District.
3. The Tahsildar,
Ulundurpet Taluk,
Kallakurichi District.
4. The Municipal Commissioner,
Ulundurpettai Municipality,
Ulundurpettai Post and Taluk,
Kallakurichi District.
5. The Superintendent of Police,
Kallakurichi District,
Kallakurichi.
6. The Inspector of Police,
Ulundurpet Police Station,
Kallakurichi District.
..Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Mandamus, directing the respondents to consider the petitioner’s representation dated 22.08.2026 to remove the Borewell, water tank and other encroachments presently existing in petitioner property comprised in Survey Nos. 176/8 and 176/9, situated near the Ulundurpet-Chennai Highway, Kallakurichi District within a time frame as may be fixed by this Hon’ble court For Petitioner:
Mr.Krishnasamy Chinnasamy
For Respondents:
Mr.B.Sivakollapan
Additional Government Pleader for R1 to R3
Mr.Durai Gunasekaran
Government Advocate (Crl.Side) for R5 and R6
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, claiming title over Survey No.176/8 and long- standing possession in Survey No.166/8, has filed the present writ petition seeking a Writ of Mandamus to direct the respondents to consider his representation dated 22.08.2026 and consequently remove the borewell, water tank and other encroachment existing on his properties comprising Survey Nos.176/8 and 176/9.
2. The learned Additional Government Pleader appearing for the respondents submits that Survey No.176/8 is classified as “Government Kallankuthu” and is owned by the Government. He further submits that the Municipality dug the borewell to facilitate the operations of the fish market established by the Corporation. Since this borewell was installed on Government land for public utility, the petitioner cannot claim that the Corporation has encroached upon his property.
3. As far as the land in Survey No.176/9, the learned Additional Government Pleader makes a specific submission that the land was sub-divided, whereby Survey No.176/9A belongs to the Highways Department and Survey No.176/9B, measuring an extent of 0.19.0 hectares, stands in the name of S.Natesan and remains undisturbed by the respondents.
4. The learned counsel appearing for the petitioner reiterates that and extent of 31 cents of land in Survey No.176/9 is their family property, which has been under the enjoyment of the petitioner’s family for generations. However, we do not find any record or document to substantiate that the land in Survey No.176/8 is the patta land of the petitioner; contrarily, the revenue records show that it is Government land.
5. Recording the submissions made by the learned Addition Government Pleader, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.
6. It is made clear that the portion of the land in Survey No.176/9B stands in the name of the private individual, shall not be disturbed without due process of law. (Dr.G.J.,J.) (E.M.,J.) 09-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl To
1. The District Collector, Kallakurichi District, Kallakurichi.
2. The Revenue Divisional Officer, Thirukovilur, Kallakurichi District.
3. The Tahsildar, Ulundurpet Taluk, Kallakurichi District.
4. The Municipal Commissioner, Ulundurpettai Municipality, Ulundurpettai Post and Taluk, Kallakurichi District.
5. The Superintendent of Police, Kallakurichi District, Kallakurichi.
6. The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl Writ Petition No. 36316 of 2026 and W.M.P.No. 40634 of 2026 09-09-2026