M.Sathyamoorthy v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.(MD)No.2454 of 2026 M.Sathyamoorthy ... Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The Commissioner, Karur Corporation, Karur District.

3. R.Vijayakumar 4.Vanithamalar 5.S.Suresh ... Respondents PRAYER:- Writ Petitioner - filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent the commissioner Karur Municipal Corporation to evict from encroachment on either side of the pathway located in Survey No.455/2 1/4

(part) of Thanthonimalai Village, Karur, which is subjected to petitioner's easement rights and is in possession.

For Petitioner : Mr.V.Murugan For Respondents : Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 Mr.N.Balasubramani for R2

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) This Writ Petition is filed seeking a direction to the 2nd respondent the commissioner, Karur Municipal Corporation to evict from encroachment on either side of the pathway located in Survey No.455/2 (part) of Thanthonimalai Village, Karur.

2. According to the petitioner, the private respondents have encroached upon the pathway on both sides in Survey No. 455/2 (part) situated at Thanthonimalai Village, Karur. In this regard, the petitioner has already sent representation on 18.12.2025. However, no action has been taken by the respondents to remove the said encroachment. Hence, the petitioner has filed this Writ petition.

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3. The learned counsel appearing for the second respondent submitted that a letter has already been sent to the Tahsildar on 05.02.2026 for conducting a survey of the subject land. It was further submitted that after conducting the survey, if any encroachment is found, appropriate action will be taken in accordance with law.

4. In view of the above, this Court directs the second respondent to conduct a survey of the subject land. If it is found that there is any encroachment, the second respondent shall take necessary action to remove the same, after issuing notice to all the interested parties and affording them an opportunity of hearing, within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[N.S.K., J.] & [M.J.R., J.] 04.03.2026 Index :Yes/No NCC :Yes/No vsm 3/4

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

vsm To

1. The District Collector, Karur District, Karur.

2. The Commissioner, Karur Corporation, Karur District.

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