Madras High Court
WP(MD)/3380/2026 of Sundara Pandiyan Vs The District Collector (Moni on 9 October 2026
WP(MD) No. 3380 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 3380 of 2026
CNR:{HCMD010160622026}
and
WMP(MD)No.2797 of 2026
Sundara Pandiyan
S/o.Duraisamy,
Door No. 28, Kheezha Street,
Vallivilai,
Kanam Panchayat,
Thiruchendur,
Thoothukudi,
Thoothukudi District.
..Petitioner
Vs
1. The District Collector (Monitoring Committee)
O/o.The District Collectorate,
Thoothukudi,
Thoothukudi District.
2. The Revenue Divisional Officer
O/o.Revenue Divisional Officer,
Thiruchendur,
Thoothukudi District.
3. The Tahsildhar
Thiruchendur,
Thoothukudi District.
4. The Executive Officer
Kanam Panchayat Union,
Thoothukudi,
Thoothukudi District.
__________
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WP(MD) No. 3380 of 2026
5. Bharathaselvan
Kheezha Street,
Vallivilai, Kanam Panchayat,
Thiruchendur,
Thoothukudi,
Thoothukudi District.
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 4
herein to remove the encroachment made by the 5th respondent in S.No.
145B/12/13 is a public pathway and in S.No. 145B/12/14 situated at Kanam Village, Vallivilai Taluk, Thiruchendur, Thoothukudi District, and consequently to restore and maintain the public road free from any further encroachment as per the petitioners collective representation dated 04.08.2025.
For Petitioner:
Mr.H. Mohammed Imran,
For M/s.Ajmal Associates.
For Respondents:
Mr.M.S.Parthiban,
Govt. Advocate For R1 To R4
Mr.A.Mohamed Haneef For R5
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The petitioner is a resident of Vallivilai, Tiruchendur Taluk. He alleges that there are encroachments in the petition mentioned survey numbers. He wants the same to be removed. __________
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WP(MD) No. 3380 of 2026
3. When the matter was taken up for hearing, the learned Government Advocate admitted that the petition mentioned survey numbers have been classified as “street”. Encroachment in a state is impermissible. The learned Government Advocate on instructions submitted that the encroachment was removed some six weeks back.
4. The learned counsel for the petitioner states that his client has told him that the encouragement is not removed. Be that as it may, we direct the fourth respondent to clear the encroachment, if it is still remaining.
5. This writ petition is allowed accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS __________
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WP(MD) No. 3380 of 2026 To
1. The District Collector (Monitoring Committee) O/o.The District Collectorate, Thoothukudi, Thoothukudi District.
2. The Revenue Divisional Officer O/o.Revenue Divisional Officer, Thiruchendur, Thoothukudi District.
3. The Tahsildhar Thiruchendur, Thoothukudi District.
4. The Executive Officer Kanam Panchayat Union, Thoothukudi, Thoothukudi District. __________
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WP(MD) No. 3380 of 2026 __________
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WP(MD) No. 3380 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 3380 of 2026 09-10-2026 (3/3) __________
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