Ponnumani Sr v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.1592 of 2026 S.R.Ponnumani ... Petitioner -vs1.The District Collector Ramanathapuram District Ramanathapuram 2.The Assistant Director Directorate of Town Panchayat Sivagangai 3.The Assistant Executive Engineer Directorate of Town Panchayat Sivagangai 4.The Tahsildar Mudukulathur Ramanathapuram District 5.The Executive Officer Mudukulathur Town Panchayat Mudukulathur Ramanathapuram District

6.Karuppannan 7.Parameswari 8.Kaleswari 9.Pandi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents 1 to 5 to remove the 10 Feet of encroachments done by the respondents 6 to 9 upon the 25 Feet common pathway under Field Nos.33 and 28 of Mudukulathur Town Panchayat, Ramanathapuram District, contracting the 25 Feet Road as 15 Feet Road on the basis of the petitioner's representation dated 11.06.2018 and 20.01.2026 respectively.

For Petitioner :

Mr.K.R.Laxman For Respondents :

Mr.J.Ashok Additional Government Pleader for R1 to R4 Mr.N.Dilip Kumar for R5

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] We do not find any merit in this writ petition to prevent the official respondents from laying rain water drainage along with public road. The contention of the petitioner that laying rain water drainage in the subject

street is hazardous to the children playing in the street is untenable and the further allegation that the rain water drainage is being laid without removing the encroachments in the subject street is also, in our view, cannot stand in the way of the official respondents in laying the rain water drainage for the public purpose.

2. For the said reasons, this writ petition is dismissed. If at all there is any encroachment in the subject street, the official respondents have to remove the same in accordance with law and the dismissal of this writ petition cannot be treated as a licence granted for the encroachers for not removing the encroachments made by them in the subject street. No costs. Consequently, connected miscellaneous petition is closed. [G.J., J.] [K.K.R.K., J.] 28.01.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Assistant Director, Directorate of Town Panchayat, Sivagangai.

3.The Assistant Executive Engineer, Directorate of Town Panchayat, Sivagangai.

4.The Tahsildar, Mudukulathur, Ramanathapuram District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) No.1592 of 2026 28.01.2026