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Madras High CourtWP(MD)/5102/2026disposed of

Chelliah v. The District Collector

2026-04-07Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.5102 of 2026 Chelliah ... Petitioner Vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Singampunari, Sivagangai District.

3.The Special Tahsildar, Adi Dravidar Welfare (ADW), Devakottai, Sivagangai District.

4.C.Kamaraj 5.S.Kannathal

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment caused by the fourth and fifth respondents on a public road in S.No.621/21 situated at Ambedkkar Street, Kaalappur 1/5

Village Panchayat, Singampunari Taluk, Sivaganga District within a time frame as fixed by this Court.

For Petitioner : Mr.S.Thirupathy For Respondents : Mr.J.Ashok (R1 to R3) Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed this writ petition seeking to remove the encroachment made by the private respondents in the public road. 2.The grievance of the petitioner is that the private respondents have encroached upon the public road. In this regard, the petitioner has submitted a representation before the authorities concerned. Since the same has not been considered, the petitioner has filed the instant writ petition.

3.The learned Additional Government Pleader appearing for the official respondents, on instructions, submitted that already proceedings under the provisions of the Land Encroachment Act has 2/5

been initiated and notice under Section 7 of the Act has been issued to the private respondents.

4.As the proceedings under the provisions of the Land Encroachment Act has already been initiated by the authorities concerned, by considering the representation submitted by the petitioner, no further direction is required to be issued in this writ petition. However, the authorities shall complete the proceedings initiated under the provisions of the Land Encroachment Act, after affording opportunity of hearing to the encroachers as well as the petitioner and any other parties, who are interested in the subject property, within a period of three months from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 07.04.2026 Index :Yes/No Internet :Yes ta 3/5

To 1.The District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Singampunari, Sivagangai District.

3.The Special Tahsildar, Adi Dravidar Welfare (ADW), Devakottai, Sivagangai District.

4/5

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta W.P.(MD)No.5102 of 2026 07.04.2026 5/5