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Madras High CourtWP/16963/2026dismissed

S.Rajeswari v. The District Collector

2026-06-01Honourable Dr Justice G. Jayachandran,Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA AND WMP NO. 18280 OF 2026 S.Rajeswari W/o.C.K.Sundaram, No.4-B, R.R.Samy Lane, Anupperpalayam, Ram Nagar, Coimbatore- 641 009.

..Petitioner(s) Vs

1. The District Collector Coimbatore District,

2. The District Revenue Office District Collectorate Office,

3. The Revenue Divisional Officer District Collectorate Office,

4. The Tahsildar Coimbatore North Taluk Office, Coimbatore.

5. The Commissioner Coimbatore Corporation, Main Office Raja Street, Town Hall, Coimbatore- 641 001.

6. The Commissioner of Police Coimbatore City Police, Coimbatore- 641 001.

7. The Inspector of Police, (L and O) Kattoor Police Station, Coimbatore- 641 012.

8. The Ground R.R.Swamy Lane Public Welfare Association, Rep by its Secretary, M.Arumugam, R.R.Samy Road, Kattoor, ..Respondent(s) Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the Respondents to do physical measurement of land situated at T.S.No.614/2 ward No.A (1), Block No.9 of R.R.Samy Road, Coimbatore Village, Coimbatore Corporation, with an extent of 1018 Sq.Ft of vacant Land and take all steps necessary to remove all illegal encroachment (with adequate police protection) based on the petitioner representation dated 06.02.2026.

For Petitioner(s):

M/s.B.Jagannath Nanditha.N For Respondent(s):

Mr.Dominic S.David, GA for RR1 to 4 Mr.N.Umapathi, for R5 Order (Order of the Court was made by Dr.G.Jayachandran J.) 1.

Mr.Dominic S.David, learned Government Advocate accepts notice on behalf of the respondents 1 to 4 and Mr.N.Umapathi, learned counsel accepts notice on behalf of the 5th respondent.

2.

Since no adverse order is passed against the respondents 6 to 8, notice to them is dispensed with.

3.

By consent of the learned counsels on both sides, the writ petition is taken up for final disposal at the admission stage itself. 4.

The writ petition is filed seeking mandamus to measure the land with the help of police and remove the illegal encroachment, alleged to have been made by the 8th respondent.

5.

The reading of the affidavit filed in support of the writ petition clearly indicates that based on the Settlement Deed dated 23.09.2017, the petitioner herein seeks title and possession of the disputed land, which is alleged to be in possession of the 8th respondent. It is also found from the affidavit that the petitioner has filed a suit in OS.No.49/2018 before the learned V Additional District Judge, Coimbatore, for declaration of title and consequential permanent injunction as against one D.Shanthi, wife of Devaraj and G.Anandhan, son of Gurusamy Gounder, and obtained a decree in respect of the same property. 6.

In such circumstances, the writ petition is not a remedy for the petitioner herein if there is any encroachment by private parties. 7.

Hence, the writ petition stands dismissed, leaving it open for the parties to approach the appropriate Civil Court for remedy. No costs. Consequently, the connected miscellaneous petition is closed. (G.J.,J.) (N.M.,J.) 01-06-2026

Index: Yes/No Speaking/Non-speaking order Internet : yes AP To

1. The District Collector Coimbatore District,

2. The District Revenue Office District Collectorate Office,

3. The Revenue Divisional Officer District Collectorate Office,

4. The Tahsildar Coimbatore North Taluk Office, Coimbatore.

5. The Commissioner Coimbatore Corporation, Main Office Raja Street, Town Hall, Coimbatore- 641 001.

6. The Commissioner of Police Coimbatore City Police, Coimbatore- 641 001.

7. The Inspector of Police, (L and O) Kattoor Police Station, Coimbatore- 641 012.

8. The Ground R.R.Swamy Lane Public Welfare Association, Rep by its Secretary, M.Arumugam, R.R.Samy Road, Kattoor,

DR.G.JAYACHANDRAN J.

AND N.MALA J.

AP AND WMP NO. 18280 OF 2026 01-06-2026