Sonai N v. The Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.3237 of 2026 N.Sonai ... Petitioner -vs1.The Collector Madurai District 2.The Revenue Divisional Officer Thirumangalam Sub Division Thirumangalam, Madurai-8 3.The Block Development Officer Kallikudi Taluk, Madurai District 4.The Tahsildar Kallikudi Taluk Kallikudi, Madurai District 5.The Village Administrative Officer Kurayur Village, Kallikudi Taluk Madurai District 6.Marichelvam ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to take necessary action on the representation dated 29.01.2026 within the stipulated time period fixed by this Court.

For Petitioner :

Mr.R.Sundar For Respondents :

Mr.D.Sasi Kumar Addl. Government Pleader for R1, R2, R4 & R5 Mr.S.R.A.Ramachandran Additional Government Pleader for R3

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The petitioner herein seeks a writ of mandamus to direct the respondents 1 to 5 to take necessary action on his representation dated 29.01.2026.

2. The representation referred in this writ petition indicates that the structure put up by the petitioner is well within the land assigned to him and the petitioner has not made any encroachment. However, the authority

concerned issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, for which the petitioner gave an explanation to the authority concerned on 27.10.2025 and the same is pending consideration. Before disposal of the explanation / appeal submitted by the petitioner, the official respondents are trying to remove a portion of the structure put up by him in the subject land citing the orders passed by this Court in W.P.(MD) No. 2065 of 2022 and Cont.P.(MD) No.3067 of 2025.

3. The sum and substance of the petitioner's representation, which is now sought to be considered by the official respondents, is that the structure put up by the petitioner is well within his patta land and he has not made any encroachment in the subject land and he has submitted an explanation to the authority concerned on 27.10.2025 pursuant to the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and the same is pending disposal. Hence, the petitioner seeks a direction to the authority concerned to dispose of his explanation / appeal dated 27.10.2025 at the earliest.

4. Mr.D.Sasi Kumar, learned Additional Government Pleader, who takes notice for the respondents 1, 2, 4 & 5, on instructions, submits that pursuant to the survey of the field and the orders passed by this Court, after following the procedures, the encroachment made by the petitioner has been removed. He has also produced a photograph to show that the encroached portion alone has been removed. The contention of the petitioner that the superstructure, which is sought to be removed, is well within his patta land is incorrect.

5. The contention of the petitioner is that the Tahsildar, Kallikudi Taluk, as early as on 31.07.2020, has certified that there is no pathway in the subject land is contrary to the subsequent records of the Revenue Department. It is obvious to note that as on date, the encroached portion alone has been removed to have free access to the road. Hence, we find no reason to entertain this writ petition.

6. Accordingly, this writ petition is dismissed. If the petitioner is anyway aggrieved that the structure put up by him in his patta land has been demolished or removed, he is at liberty to work out his remedy before the authority concerned in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

[G.J., J.] [K.K.R.K., J.] 12.02.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Collector, Madurai District.

2.The Revenue Divisional Officer, Thirumangalam Sub Division, Thirumangalam, Madurai-8.

3.The Block Development Officer, Kallikudi Taluk, Madurai District.

4.The Tahsildar, Kallikudi Taluk, Kallikudi, Madurai District.

5.The Village Administrative Officer, Kurayur Village, Kallikudi Taluk, Madurai District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) No.3237 of 2026 12.02.2026