Madras High Court
WP(MD)/22039/2025 of G.Mohanraj Vs The District Collector on 7 October 2026
WP(MD) No. 22039 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. 22039 of 2025
CNR:{HCMD010965732025}
G.Mohanraj
President,
Srivilliputtur Periyakulam Kanmoi Pasana Vivasayigal Sangam, No.12, Old Rajapalayam Road, Srivilliputtur-626 125.
..Petitioner
Vs
1. The District Collector
District Collectorate office, Virudhunagar.
2. The Tahsildar,
Srivilliputtur Taluk, Virudhunagar District.
3. R.Dharanipathi,
S/o. Ramanujam Naidu, 62, Manjapur Street, Srivilliputtur Town, Virudhunagar District.
4. The Commissioner,
Srivilliputhur Municipality,Virudhunagar District.
(R4 is suo motu impleaded vide order dated 07.10.2026 in W.P.(MD)No.22039 of 2025 by GRSJ & MDSJ)
..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 order in the nature of writ to direct the respondents 1 and 2 to consider Petitioner representation
WP(MD) No. 22039 of 2025
dated 30.06.2025 and evict the encroachment made by respondent no.3 in T.S.No.3187 R.S.NO.22/1 within a time frame fixed by this Court.
For Petitioner:
Mr.S.Ramesh
For Respondents:
Mr.M.Kannan,
Spl. Govt.Pleader R1, R2 & R4.
Mr.M.Murugan for R3
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) The writ petitioner alleges that the third respondent herein had encroached upon the petition mentioned survey number.
2. The learned counsel for the third respondent submitted that the third respondent had already obtained a decree wayback in the year 1998 in O.S.No.166 of 1995 on the file Additional District Munsif Court, Srivilliputhur.
3. We initially swayed by the said submission. But then, the learned Special Government Pleader pointed out that what was obtained by the petitioner was only decree not to dispossess him except by due process of law.
4. The revenue records indicate that the said survey number has been classified as “vali thadam (pathway)”. It would obviously vest with the fourth
WP(MD) No. 22039 of 2025 respondent herein. We direct the fourth respondent to issue notice to the third respondent herein. After holding enquiry, if the fourth respondent is satisfied that there is encroachment in a public pathway, it should be removed. We make it clear that we have not foreclosed the defence of the third respondent. If any request for survey is made, it shall be accepted and encroachment will be determined only after conducting survey. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
5. This writ petition is disposed of accordingly. 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 To
1. The District Collector District Collectorate office, Virudhunagar.
2. The Tahsildar, Srivilliputtur Taluk, Virudhunagar District.
3. The Commissioner, Srivilliputhur Municipality, Virudhunagar District.
WP(MD) No. 22039 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 22039 of 2025 07-10-2026 (2/2)