Madras High Court
WP(MD)/21707/2025 of S.Rajarathinam Vs The District Collector / The on 7 October 2026
WP(MD) No. 21707 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 21707 of 2025
CNR:{HCMD010960312025}
S.Rajarathinam
S/O. Samuel Nadar,
D.NO.12B / 267,
Thalamuthu Nagar,
Mappilaiyurani Village,
Thoothukudi Taluk,
Thoothukudi District.
..Petitioner
Vs
1. The District Collector / The Chairperson High Level Monitoring Committee, Thoothukudi District.
2. The Tahsildar Thoothukudi
Thoothukudi taluk,
Thoothukudi Distrit.
3. The inspector of police,
Thalamuthu Nagar Police Station,Thoothukudi District.
4. Mr. D. Raja,
S/O. Durai Raj,
D. No. 14/554, Thalamuthu Nagar,
Mapillaiyurani Village,
Thoothukudu Taluk,
Thoothukudi District.
5. Mr. Ramesh
S/O. Durai Raj,
D. No. 14/554, Thalamuthu Nagar,
Mapillaiyurani Village,
__________
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WP(MD) No. 21707 of 2025
Thoothukudu Taluk,
Thoothukudi District.
6. Mr. A. Chinnadurai,
S/O. Ayyan Velalar,
D. No. 14/556, Thalamuthu Nagar,
Mapillaiyurani Village,
Thoothukudu Taluk,
Thoothukudi District.
7. Mariappan
S/O. Not Known,
D. No. 14/558, Thalamuthu Nagar,
Mapillaiyurani Village,
Thoothukudu Taluk,
Thoothukudi District.
8. Mrs. Alosanai Marial,
W/O. Not Known,
D. No. 652, Thalamuthu Nagar,
Mapillaiyurani Village,
Thoothukudu Taluk,
Thoothukudi District.
..Respondents
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other appropriate Writ or Order or Direction particularly in the nature if Writ, Directing the respondents 1
to 3 to remove the encroachment made by the respondents 4 to 8 in the road survey No. 185/24 and survey No.185/15, Mapillaiyurani Village, Thoothukudi Taluk, thoothukudi District.
For Petitioner:
Mr.P.Ranjithraja
For Respondents:
Mr.M.Kannan,
Spl. Government Pleader For R1 To R3
Mr.KA.Raamakrishnan for R5.
No appearance for R4, R6 to R8
Mr.I.Murugesan,
Govt. Advocate (Crl. Side) for R3.
__________
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WP(MD) No. 21707 of 2025
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The writ petitioner alleges that the respondents 4 to 8 have committed encroachment in the petition mentioned road.
3. The learned Special Government Pleader on instructions from the jurisdictional Village Administrative Officer states that assignments were made some 20 years ago and the constructions were also regularised recently. The specific submission of the authority is that assignments were made taking into account the ground reality then prevailed. It appears that the width of the road is not in uniform. The writ petitioner is a recent purchaser and he is not the original assignee. Even when the writ petitioner purchased the said property, the width of the road was narrow. In these circumstances, the Writ Court would be justified in unsettling settled matters. The writ petition stands dismissed. No costs. (G.R.S.,J.) (M.D.S.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS __________
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WP(MD) No. 21707 of 2025 To
1. The District Collector / The Chairperson High Level Monitoring Committee, Thoothukudi District.
2. The Tahsildar Thoothukudi Thoothukudi taluk, Thoothukudi Distrit.
3. The inspector of police, Thalamuthu Nagar Police Station,Thoothukudi District. __________
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WP(MD) No. 21707 of 2025 __________
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WP(MD) No. 21707 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 21707 of 2025 07-10-2026 __________
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