M.Subash Chandrabose, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN M.Subash Chandrabose ... Petitioner vs.
1.The District Collector, Thenkasi District, Thenkasi.
2.The Revenue Divisional Officer, Thenkasi, Thenkasi District.
3.The Thasildar, Kadaiyanallur, Thenkasi District.
4.The Assistant Engineer, Tamilnadu Electricity Board, Puliyankudi, Thenkasi District.
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5.The Inspector of Police, Chinnakovilakulam Police Station, Chinnakovilakulam, Tenkasi District.
6.V.Kannan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment by constructing Vinayagar Temple in Survey No. 18/4B at Indira Nagar, Vellaikavundanpatti, Ayyapuram Post, Kadaiyanallur Taluk, Thenkasi District on the basis of the petitioner's representation dated 30.01.2026 within a stipulated time as fixed by this Court.
For Petitioner : Ms.A.Dharani For Respondents : Mr.D.Sasi Kumar (R1 to R3) Additional Government Pleader : Mr.K.Sanjai Gandhi (R5) Government Advocate : Mr.S.Deenadhayalan Standing Counsel 2/7
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents to remove the encroachment made by constructing a Vinayagar Temple in Survey No.18/4B at Indira Nagar, Vellaikavundanpatti, Ayyapuram Post, Kadaiyanallur Taluk, Thenkasi District, on the basis of the petitioner's representation dated 30.01.2026. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.D.Sasikumar, learned Additional Government Pleader, accepts notice for respondents 1 to 3; Mr.S.Deenadhayalan, learned Standing Counsel, accepts notice for the fourth respondent and Mr.K.Sanjai Gandhi, learned Government Advocate, accepts notice for the fifth respondent. Considering the limited relief sought for by the petitioner, notice to the sixth respondent is dispensed with.
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4.According to the petitioner, the sixth respondent has constructed a temple by encroaching upon the street. In this regard, the petitioner submitted a representation dated 30.01.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.
5.The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner has not come to this Court bona fide and that he has already filed a suit in O.S.No.64 of 2023 on the file of the District Munsif Court, Sivagiri, seeking rights over the property in Survey No.18/4A. He further submitted that the petitioner has also converted to another religion.
6.Though the filing of the said suit is not disputed, the same indicates that the petitioner may have personal reasons for filing the present Writ Petition in the nature of a Public Interest Litigation. Be that as it may, the authority concerned is directed to consider the representation of the 4/7
petitioner dated 30.01.2026, after affording sufficient opportunity of personal hearing to both the petitioner and the sixth respondent, and to pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. 7.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.] 06.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7
To 1.The District Collector, Thenkasi District, Thenkasi.
2.The Revenue Divisional Officer, Thenkasi, Thenkasi District.
3.The Thasildar, Kadaiyanallur, Thenkasi District.
4.The Assistant Engineer, Tamilnadu Electricity Board, Puliyankudi, Thenkasi District.
5.The Inspector of Police, Chinnakovilakulam Police Station, Chinnakovilakulam, Tenkasi District.
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N.SATHISH KUMAR , J.
and M.JOTHIRAMAN , J.
ps ORDER MADE IN DATED : 06.03.2026 7/7