Madras High Court

WP(MD)/29411/2025 of N.Ravi Vs The Commissioner on 7 October 2026

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WP(MD) No. 29411 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. 29411 of 2025

CNR:{HCMD011468902025}

N.Ravi

S/o. Nataraj Pillai, No.15, Annam Natarajan House, 1 West Street, Thendral Nagar, Bodinayakkanur, Theni District.

..Petitioner

Vs

1. The Commissioner

Bodinayakkanur Municipality, Theni District.

2. Sivakumar

S/o. Father name not known to the petitioner, Jeeva Nagar Middle Street No.2, Opp. to Aavin, Thevaram Main Road, Bodinayakkanur, Theni District.

3. Lakshmi @ Nisha

W/o. Sivakumar, Jeeva Nagar Middle Street No.2, Opp. to Aavin, Thevaram Main Road, Bodinayakkanur, Theni 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 1st respondent herein to remove the encroachment made by the 2nd and 3rd respondent in the common pathway belongs to the 1st respondent municipality in T.S.No.219/1F.55.9E situated at behind thevaram Main Road, Opp. to Aavin, Bodinayakkanur, Theni District and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and __________

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WP(MD) No. 29411 of 2025

thus render justice.

For Petitioner:

Mr.A K Manikkam

For Respondents:

Mr.A.Kannan For R1.

No appearance for R2 & R3.

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the writ petitioner and the learned standing counsel for the first respondent.

2. The question that calls consideration is whether there are encroachments in the petition mentioned survey number.

3. The first respondent has filed counter affidavit. He categorically stated that the writ petitioner as well as private respondents have committed encroachment.

4. It is not in dispute that the pathway in question though enjoyed only by three persons concerned, it vests with the local body. The local body is obliged to keep the same from free of any encroachment. We, therefore, direct the first respondent to clear the encroachment in the petition mentioned pathway. This exercise shall be completed within a period of three months from the date of __________

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WP(MD) No. 29411 of 2025 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 Commissioner Bodinayakkanur Municipality, Theni District. __________

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WP(MD) No. 29411 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 29411 of 2025 07-10-2026 __________

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