Madras High Court

WP(MD)/30375/2025 of Mookkamal Vs The District Collector / Cha on 7 October 2026

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WP(MD) No. 30375 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. 30375 of 2025

CNR:{HCMD011504062025}

Mookkamal

W/o.Arasappan,

Door No.74, Melakkallanthiri,

..Petitioner

Vs

1. The District Collector / Chairperson

District High Level Monitoring Committee, Collectorate, Madurai - 625 020.

2. The Tahsildar

Madurai East Taluk,

Othaakadai,

Madurai District.

3. The Block Development Officer

East Block Development Office,

Thallakulam,

Madurai City.

4. The Executive Officer

Kallanthiri Panchayat

Madurai District.

5. Kaluvambarai

S/o.Sakkarai

Melakkallanthiri,

__________

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WP(MD) No. 30375 of 2025

6. Prabha

W/o.Ramesh,

Melakkallanthiri,

..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 any other appropriate order or direction, directing the respondents No.1 to 4 to remove the encroachment made by the 5 and 6th respondent made in pathway situated in Survey No.263/15 Kallandiri Bit 1 Village, Madurai East Taluk, Madurai District by considering the petitioner's representation dated 11.09.2025.

(Prayer amended vide order dated 06.10.2026 in WMP(MD)No.25766/25 in WP(MD)No.30375/25 by GRSJ and MDSJ)

For Petitioner:

Mr.D.Arun Kumar

For Respondents:

Mr.M.Kannan,

Spl. Government Pleader for R1 To R4

No appearance for R5 & R6.

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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 Special Government Pleader for the official respondents.

2. The writ petitioner is a resident of Melakkalanthiri Village. He alleges that there are encroachments in the petition mentioned survey number. __________

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WP(MD) No. 30375 of 2025

3. It is conceded by the learned Special Government Pleader that the petition mentioned survey number has been classified as “public lane”. Encroachment in a public lane is impermissible. We direct the second respondent to conduct survey. Notice will precede before holding of survey. If the survey results indicate that there are encroachments, the second respondent shall follow the procedure laid down in the Tamil Nadu Land Encroachment Act and clear the encroachments within a period of five months from the date of receipt of a copy of this order.

4. This writ petition is allowed 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 __________

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WP(MD) No. 30375 of 2025 To

1. The District Collector / Chairperson District High Level Monitoring Committee, Collectorate, Madurai - 625 020.

2. The Tahsildar Madurai East Taluk, Othaakadai, Madurai District.

3. The Block Development Officer East Block Development Office, Thallakulam, Madurai City.

4. The Executive Officer Kallanthiri Panchayat Madurai District. __________

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WP(MD) No. 30375 of 2025 __________

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WP(MD) No. 30375 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 30375 of 2025 07-10-2026 __________

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