S.Vellaisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.2509 of 2026 S.Vellaisamy ... Petitioner Vs.

1.The District Collector, Collectorate, 2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sivakasi Revenue Divisional Office, Virudhunagar.

4.The Tahsildar, 5.The Secretary, Mamsapuram Village Panchayat, 1/5

6.Murugan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to inspect the subject land in SF.No.329, Duraisamypuram Village, Mamsapuram Panchayat, Sivakasi Taluk, Virudhunagar District, in person and consequently to make necessary changes in the classification of the subject land in line with G.O.Ms.No.35, Revenue and Disaster Management Department dated 19.01.2023 and based on petitioner's representation dated 27.01.2026. For Petitioner : Mr.S.Ramanathan For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.4 Mr.S.Vinodh Government Advocate for R.5

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the respondents 1 to 4 and 2/5

the learned Government Advocate appearing for the fifth respondent. Considering the nature of relief to be granted, issuance of notice to the sixth respondent is dispensed with.

2.A mere look at the A-register would indicate that Survey No.329, Duraisamypuram Village has been classified as "Orani". Since it appears to be located near the Kaliamman Temple, it is popularly known as "Kaliamman Orani". W.P(MD)No.31241 of 2024 was filed by one Murugan for clearing the encroachments in this survey number. This Court directed the authorities to look into the matter. Pursuant to the direction given by this Court, eviction notices were issued. Challenging the same, a batch of writ petitions were filed. They were all dismissed from 07.08.2025 onwards. The very same issue is sought to be re-agitated. The character of Survey No.329 is not in doubt. The question of granting relief to the petitioner does not arise at all. 3.Considering the special facts and circumstances, the petitioner alone is granted three months time from today to vacate the premises in question provided he files an affidavit of undertaking before the jurisdictional Tahsildar.

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4.This Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 05.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Collectorate, 2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sivakasi Revenue Divisional Office, Virudhunagar.

4.The Tahsildar, 5.The Secretary, Mamsapuram Village Panchayat, 4/5

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 05.02.2026 5/5