Dr.N.Maragatham v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.19323 of 2021 Dr.N.Maragatham, W/o Srinivasan ... Petitioner Vs.
1. The Director, Town and Country Planning, Market Road, Koyambedu, Chennai- 600 107.
2. The District Collector, O/o District Collector, Kallakurichi Post & District.
3. The Assistant Director of Town & Country Planning, O/o District Town & Country Planning, Kallakurichi Post & District.
4. The Superintendent of Police, O/o the Superintendent of Police, Kallakurichi Post & District.
5. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Kallakurichi Post & District.
6. The Tahsildar, Chinnasalem Taluk Office,
7. The Executive Officer, Panchayat Union Office,
8. The Inspector of Police, Chinnasalem Police Station,
9. Mahalakshmi, C/o Rajavel.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent Nos.1 to 3 to take action against the 9th respondent/neighbour encroached and put up construction of building illegally in the petitioner's land of 129 sq.ft. in Survey No.361/6 and 361/11 out of 987 sq.ft. (presently the Survey Nos. as 361/7 to an extent of 0.00.30 sq.mt., 361/11A2 to an extent of 0.02.79 sq.mt. and Survey No.361/20 to an extent of 0.00.40 sqft., Chinnasalem Village, Kallakurichi District in document No.223 of 2003 on the file of Sub Registrar Office, Chinnasalem based on the report of Tahsildar dated 12.07.2021 addressed to Revenue Divisional Officer and remove the same.
For Petitioner : Mr.V.Prabhakaran For Respondents : Mr.T.Arunkumar, Addl.Government Pleader for R1 to R8 Mrs. Kanimozhimathi.P. for R9
O R D E R
S.M.SUBRAMANIAM,J.
The Writ of Mandamus has been instituted to direct the respondent Nos.1 to 3 to take action against the 9th respondent/neighbour encroached and put up construction of building illegally in the petitioner's land of 129 sq.ft. in Survey No.361/6 and 361/11 out of 987 sq.ft. (presently the Survey Nos. as 361/7 to an extent of 0.00.30 sq.mt., 361/11A2 to an extent of 0.02.79 sq.mt. and Survey No.361/20 to an extent of 0.00.40 sqft., Chinnasalem Village, Kallakurichi District in document No.223 of 2003 on the file of Sub Registrar Office, Chinnasalem based on the report of Tahsildar dated 12.07.2021 addressed to Revenue Divisional Officer and remove the same.
2. Learned counsel for the 9th respondent would submit that Civil Suits between the parties are pending in O.S.No.115 of 2021 and O.S.No.143 of 2022 on the file of the Additional District Munisif Court at Kallakurichi, which was transferred to the District Munsif cum Judicial Magistrate, Chinnasalem, and renumbered as O.S.No.73 of 2025 and O.S.No.111 of 2025.
3. Learned Additional . Government Pleader would submit that the subject land, which was classified as Grama Natham, was assigned by
the Revenue authorities for construction of residential houses and patta also has been granted.
4. It is a private dispute which exists between the writ petitioner and the 9th respondent. That being so, the writ petition is not at all maintainable. That apart, the suits have already been instituted and the same is pending. The parties at liberty to work out their remedy before the competent civil Court. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (C.K.,J.) 04.12.2025 vsi Index : Yes Speaking order : Yes
To
1. The Director, Town and Country Planning, Market Road, Koyambedu, Chennai- 600 107.
2. The District Collector, O/o District Collector, Kallakurichi Post & District.
3. The Assistant Director of Town & Country Planning, O/o District Town & Country Planning, Kallakurichi Post & District.
4. The Superintendent of Police, O/o the Superintendent of Police, Kallakurichi Post & District.
5. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Kallakurichi Post & District.
6. The Tahsildar, Chinnasalem Taluk Office,
7. The Executive Officer, Panchayat Union Office,
8. The Inspector of Police, Chinnasalem Police Station,
S.M. SUBRAMANIAM, J.
and C.KUMARAPPAN,J.
vsi W.P.No.
18092 of 2021 04.12.2025