M.Selvam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 46175 of 2025 M.Selvam S/o.Mariadhasse, No.47, Chinna Kospalayam, Nellithoppu, Pondicherry-605 005.

..Petitioner(s) Vs

1. The Commissioner Oulgaret Municipality, Jawahar Nagar, Puducherry-605 005.

2. The District Collector Saram Revenue Complex, Puducherry.

3. The Director Department Of Hindu Religious Institutions And Wakf, Puducherry.

4. The Tashildar Taluk Office, Oulgaret, Puducherry.

5. Arulmigu Muthumariamman Temple Rep. By The Special Officer, Department Of Hindu Religious Institutions And Wakf, Chinna Kospalayam Nellithoppu, Puducherry.

..Respondent(s) To direct the respondents 1 to 4 to remove the encroachment made by the 5th respondent on the public road beyond the permitted limit in Chinna Kospalayam, Nellithoppu, Pondicherry-605 005 in Survey No.175N, Oulgaret

(4) Taluk, Reddiarpalayam (36) village For Petitioner(s):

Mr.K.S.Ilangovan

For Respondent(s):

Dr. K. Ramasamy Addl.G.P.(Pondy) for R1 to R4 No appearance for R5 Order (Order of the Court was made by S.M.Subramaniam J.) With reference to the relief sought for in the present writ petition, the Tahsildar cum Executive Magistrate, Taluk Office, Oulgaret, Puducherry, filed counter affidavit stating that the encroachments are identified to an extent of 4.70 sq.m. or 50.59 Sq.ft in the subject property. Further, the report reveals that the writ petitioner has built RCC house by encroaching the road portion to an extent of 14.08 Sq.mts or 150 Sq.ft approximately.

2. Since the authorities identified the encroachment in the subject land as well as found that the petitioner has also encroached upon the public property, all such encroachments are directed to be removed by following the procedures under the relevant statute and rules. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

3. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 09-04-2026 Index: Yes/No Speaking/Non-speaking order vsi

To

1. The Commissioner Oulgaret Municipality, Jawahar Nagar, Puducherry-605 005.

2. The District Collector Saram Revenue Complex, Puducherry.

3. The Director Department Of Hindu Religious Institutions And Wakf, Puducherry.

4. The Tashildar Taluk Office, Oulgaret, Puducherry.

5. The Special Officer, Arulmigu Muthumariamman Temple Department Of Hindu Religious Institutions and Wakf, Chinna Kospalayam Nellithoppu, Puducherry.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

VSI and WMP No. 46175 of 2025 09-04-2026