Madras High Court
WP(MD)/25191/2025 of P.Andal Vs The District Collector on 28 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN
WP(MD) No. 25191 of 2025
CNR:{HCMD011239272025}
and WMP(MD)Nos.19747 & 19748 of 2025
P.Andal
..Petitioner(s)
Vs
1. The District Collector,
Tirunelveli District.
2. The Tahsildar,
Tirunelveli Taluk,
Tirunelveli District.
3. The Commissioner of Police,
Palayamkottai,
Tirunelveli District.
4. Nagarajan
5. Athimaram Arulmigu Karuppasamy Thirukovil, Thatchanallur, Tirunelveli - 627 358, Rep. by its Managing Trustee,
V.Sandhiyar,
S/o.Vanniyan,
No.14C, Pudhu Amman Kovil Street,
Thalavaipuram, Thatchanallur,
Tirunelveli District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the impugned order dated 22.07.2025 passed by the 2nd respondent in Na.Ka.No.A9/44/2025 and quash the same and further direct the 2nd respondent to remove the encroachment made by the 5th respondent in Survey No.868/11, T.S.No.26, Ward M, Block 16, situated at Kandiaperi II Village, Tirunelveli, in the said lands belongs to Government.
For Petitioner(s)
: Mr.T.Selvan
For Respondent(s)
: Mr.K.K.Udhayakumar, Government
Advocate for R1 & R2
Mr.J.Vishnu, Government
Advocate(Crl.Side) for R3
Mr.T.Sathya Selvi for R5
Citations and Judicial Treatment
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ORDER
(Order of the Court was made by P.VELMURUGAN J.) The prayer in the writ petition is to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the impugned order dated 22.07.2025 passed by the 2nd respondent in Na.Ka.No.A9/44/2025 and quash the same and further direct the 2nd respondent to remove the encroachment made by the 5th respondent in Survey No.868/11, T.S.No.26, Ward M, Block 16, situated at Kandiaperi II Village, Tirunelveli, in the said lands belongs to Government.
2. The respondents 1 and 2 have filed a counter affidavit making a specific averment that apart from the 5th respondent, the writ petitioner herself is an encroacher and action is being taken both against the writ petitioner as well as the 5th respondent.
3. In view of the same, the writ petition is not maintainable. The official respondents are directed to proceed further with removal of encroachment made by the petitioner as well as the 5th respondent.
4. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (P.V.,J.) (K.K.R.K.,J.) 28-10-2026 Index: Yes/No Speaking/Non-speaking orderE Neutral Citation: Yes/No bala To
1. The District Collector, Tirunelveli District.
2. The Tahsildar, Tirunelveli Taluk, Tirunelveli District.
3. The Commissioner of Police, Palayamkottai, Tirunelveli District.
P.VELMURUGAN, J. AND K.K.RAMAKRISHNAN, J. bala WP(MD) No. 25191 of 2025 28-10-2026
The Review Application is filed to review the order dated 08.01.2025 made in W.P(MD)No.543 of 2025. The 5th respondent herein filed the said writ petition for a Mandamus to remove the encroachments made in the private temple lands of Arulmigu Athimaram Karuppasamy Temple. The learned Single Judge by order dated 08.01.2025 in the said writ petition directed the official respondents to consider and pass orders on the representation of the 5th respondent dated 11.11.2024 w-ithin a period of three months. The 5th respondent is the Managing Trustee of the said temple, During survey, it was found that the 5th respondent himself has encroached the Government poramboke land. Therefore, there is an error apparent on the face of the order sought to be reviewed. Accordingly, the Review Application is allowed and the order dated 08.01.2025 made in W.P(MD)No.543 of 2025 is set aside.