Madras High Court

WP(MD)/18328/2026 of Sharifa Begam Vs The District Collector on 16 October 2026

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WP(MD) No. 18328 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MRS.JUSTICE M.D.SUMATHI

WP(MD) No. 18328 of 2026

CNR:{HCMD010857602026}

Sharifa Begam

W/o.Abbas Ali, Aiyam Perumal Veedu Sandhu,

Uthamapalayam Taluk, Theni District.

..Petitioner(s)

Vs

1. The District Collector

Theni District, Theni.

2. The Revenue Divisional Officer,

Uthamapalayam, Theni District.

3. The Thasildar,

4. The Executive Officer,

Uthamapalayam Municipality, Uthamapalayam, Theni District.

5. P.Sadaiyandi,

S/o.Petchimuthu, Ghanam Kovil Veethi,

Uthamapalayam, Theni District.

6. P.Perumal,

S/o.Petchimuthu, Gnanam Kovil Veethi,

Uthamapalayam, Theni 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

WP(MD) No. 18328 of 2026

respondents No. 1 to 4 to remove the encroachment made by the respondents No. 5 and 6 in public pathway situated in S.No.850 situated at Uthamapalayam, Uthamapalayam Taluk, Theni District based on the petitioners representation dated 16.02.2026 and thereby restore the public pathway to its original position within the time stipulated by this Honble Court.

For Petitioner(s):

M/s P.R.Prithiviraj

For Respondent(s):

Mr.M.Kannan

Special Government Pleader

for R1 to R4

: Mr.T.Sathya Selvi

for R5

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The learned Special Government Pleader appearing for the respondents 1 to 4 clearly states that the encroachment in question has been removed.

3. The learned counsel for the private respondents draws our attention to the order dated 31.07.2017 made in W.P.(MD)No.9308 of 2014. Paragraph No.4 of the said order reads that the authorities cannot demolish the peetam alone. In other words, except peetam, all other encroachment can be removed.

WP(MD) No. 18328 of 2026

4. Even while placing on record the submission of the respondents, we direct the private respondents to install the peetam alone. The Writ Petition is disposed of. No costs.

(G.R.S.,J.) (M.D.S.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi To

1. The District Collector Theni District, Theni.

2. The Revenue Divisional Officer, Uthamapalayam, Theni District.

3. The Thasildar,

4. The Executive Officer, Uthamapalayam Municipality, Uthamapalayam, Theni District.

WP(MD) No. 18328 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 18328 of 2026 16-10-2026

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