Siva v. The District Collector

1 W.P.(MD)No.745 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.745 of 2026 Siva ... Petitioner Vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The District Revenue Officer, Thanjavur District, Thanjavur.

3. The Commissioner, Kumbakonam Municipal Corporation, Kumbakonam, Thanjavur District.

4. The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

5. The Tahsildar, Kumbakonam Taluk, Thanjavur District.

6. Gomathi ... Respondents 1/5

2 W.P.(MD)No.745 of 2026 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to direct the fifth respondent to remove the encroachment made by the sixth respondent and protect the supply canal and the Ram Nagar public park in survey No.27, 28 and 31 of Perumandi Village, Kumbakonam Taluk, Thanjavur District based on the petitioner's representation dated 13.05.2025 within the period stipulated by this Court.

For Petitioner : Mr.N.Palaniyandi For Respondents : Mr.S.Vinodh, Government Advocate for R-1, R-2,R-4&R-5.

Mr.B.Jameel Arasu for R-3.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for respondents 1, 2, 4 and 5 and the learned Standing counsel appearing for the third respondent.

2. Issuance of notice to the sixth respondent is dispensed with. 2/5

3 W.P.(MD)No.745 of 2026

3. The writ petitioner is a resident of Kumbakonam Taluk. He alleges that in the petition-mentioned survey numbers, there are encroachments committed by the private respondents.

4. When the matter was taken up for hearing, the learned Government Advocate clarified that survey No.27 is a patta land whereas survey Nos.28 and 31 have been classified as channels. Therefore, the direction that is to be passed in the writ petition would stand confined to survey Nos.28 and 31 alone.

5. The fifth respondent is directed to issue notice to the private respondents and other encroachers if any, conduct survey and if the encroachments are noticed, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 22nd January 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)No.745 of 2026 To:

1. The District Collector, Thanjavur District, Thanjavur.

2. The District Revenue Officer, Thanjavur District, Thanjavur.

3. The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

4. The Tahsildar, Kumbakonam Taluk, Thanjavur District.

4/5

5 W.P.(MD)No.745 of 2026 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.745 of 2026 22.01.2026 5/5