Madras High Court
WP(MD)/29359/2026 of N.Naganathan Vs The District Collector on 12 October 2026
WP(MD) No. 29359 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29359 of 2026
CNR:{HCMD011433272026}
N.Naganathan
No.13-A, Rajendra Main Road,
Karimedu, Madurai - 625016.
..Petitioner(s)
Vs
1. The District Collector,
O/o. the District Collectorate,
Madurai District.
2. The Revenue Divisional Officer
O/o. The Revenue Divisional Officer,
Madurai Revenue Division,
Madurai District.
3. The Tahsildar
O/o. The Tahsildar,
Madurai West Taluk,
Madurai District.
4. The Commissioner
Madurai Corporation,
Arignar Anna Maaligai,
Thallakulam,
Madurai 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 4th respondent to remove the encroachment made in the public pathway
WP(MD) No. 29359 of 2026
in the name of “Sri Chandana Mariamman Temple”, situated in Survey No.32/1, classified as “Street”, in Ward No.56, Zone-III, Rajendra Main Road, Karimedu, Ponmeni Village, Madurai District, by considering the representation of the petitioner dated 22.09.2026, within a time frame fixed by this Court.
For Petitioner
: Mr.T.Dinesh
For Respondents
: Mr.M.Kannan
Special Government Pleader
for R.1 to R.3
Mr.F.Deepak
Standing Counsel
for R.4
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the writ petitioner, the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned Standing Counsel appearing for the fourth respondent.
2. The writ petitioner is a resident of Rajendra Main Road, Karimedu, Ponmeni Village at Madurai District. His allegation is that there are encroachments in the petition mentioned survey number. We had a look at the revenue entries. It is seen therefrom that the petition mentioned survey number has been classified as “street” and that the same vests with the local body.
WP(MD) No. 29359 of 2026
3. We, therefore, direct the fourth respondent to take appropriate steps under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, to remove the encroachments in accordance with due process of law. Opportunity shall be given to the encroachers. However, the entire exercise shall be completed within a period of three months from today (12.10.2026), ensuring that the street in question is free from encroachments thereafter.
4. This Writ Petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA
WP(MD) No. 29359 of 2026 To
1. The District Collector, O/o. the District Collectorate, Madurai District.
2. The Revenue Divisional Officer O/o. The Revenue Divisional Officer, Madurai Revenue Division, Madurai District.
3. The Tahsildar O/o. The Tahsildar, Madurai West Taluk, Madurai District.
4. The Commissioner Madurai Corporation, Arignar Anna Maaligai, Thallakulam, Madurai District.
WP(MD) No. 29359 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. MGA WP(MD) No. 29359 of 2026 12-10-2026