M.Muthuramalingam, 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.Muthuramalingam ... Petitioner vs.
1.The District Collector, O/o the District Collector, Virudhunagar - 626 002.
2.The Revenue Divisional Officer, O/o the Revenue Divisional Office, Sivakasi, Virudhunagar - 626 123.
3.The Tahsildar, O/o the Tahsildar, Srivilliputhur, Virudhunagar - 626 125.
4.The Revenue Inspector, O/o the Revenue Inspector, Srivilliputhur, Virudhunagar - 626 125.
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5.The Village Administrative Officer, O/o the Village Administrative Officer, Valaikulam, Srivilliputhur Taluk, Virudhunagar - 626 125.
6.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Soolakkarai, Virudhunagar - 626 001.
7.The Inspector of Police, Mamsapuram Police Station, Srivilliputhur Taluk, Virudhunagar - 626 110.
8.The Executive Officer, Mamsapuram Town Panchayat, Virudhunagar District.
... Respondents (R - 8 is suo motu impleaded vide order dated 06.03.2026 in W.P(MD)No.6167 of 2026) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to take appropriate action to demolish and remove the illegal encroachment made on the public road comprised in Ayan Punjai Survey No.698, situated at Marukaal Odai Street, Vazhakulam Village, Srivilliputhur Taluk, Virudhunagar District, within a time frame to be fixed by this Court, and consequently ensure free and unobstructed access to the public pathway. 2/8
For Petitioner : Mr.K.B.Suryaanumathprabu For Respondents : Mr.A.Kannan (R1 to R5 & R8) Additional Government Pleader : Mr.K.Sanjai Gandhi (R6 & R7) Government Advocate (Criminal Side)
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 herein to take appropriate action to demolish and remove the illegal encroachment made on the public road comprised in Ayan Punjai Survey No.698, situated at Marukaal Odai Street, Vazhakulam Village, Srivilliputhur Taluk, Virudhunagar District, within a time frame to be fixed by this Court and consequently ensure free and unobstructed access to the public pathway.
2.It is the contention of the petitioner that certain individuals of his village have unlawfully attempted to put up illegal construction, as the said land forms part of a public street, and such construction would cause 3/8
obstruction, inconvenience, and hardship not only to the petitioner but also to the general public using the said road. In this regard, the petitioner submitted a representation dated 26.01.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.
3.The learned Additional Government Pleader appearing for respondents 1 to 5 and 8, on instructions, submitted that the encroachments have been identified by the Tahsildar, Srivilliputhur, by proceedings dated 21.02.2026. However, the removal has to be carried out only by the Executive Officer of the Mamsapuram Town Panchayat, and he has not been arrayed as a party to the Writ Petition.
4.Hence, the Executive Officer, Mamsapuram Town Panchayat, Virudhunagar District, is suo motu impleaded as the eighth respondent in the Writ Petition.
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5.Admittedly, the encroachment has been identified by the Tahsildar by proceedings dated 21.02.2026, and he has recommended the removal of the same by the Executive Officer. Therefore, the newly impleaded eighth respondent is directed to consider the proceedings of the Tahsildar, dated 21.02.2026 and take appropriate action on merits and in accordance with law, after affording sufficient opportunity to all the parties concerned, including private parties, if any, and by following due process of law. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
6.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 5/8
To 1.The District Collector, O/o the District Collector, Virudhunagar - 626 002.
2.The Revenue Divisional Officer, O/o the Revenue Divisional Office, Sivakasi, Virudhunagar - 626 123.
3.The Tahsildar, O/o the Tahsildar, Srivilliputhur, Virudhunagar - 626 125.
4.The Revenue Inspector, O/o the Revenue Inspector, Srivilliputhur, Virudhunagar - 626 125.
5.The Village Administrative Officer, O/o the Village Administrative Officer, Valaikulam, Srivilliputhur Taluk, Virudhunagar - 626 125.
6.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Soolakkarai, Virudhunagar - 626 001.
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7.The Inspector of Police, Mamsapuram Police Station, Srivilliputhur Taluk, Virudhunagar - 626 110.
8.The Executive Officer, Mamsapuram Town Panchayat, Virudhunagar District.
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N.SATHISH KUMAR , J.
and M.JOTHIRAMAN , J.
ps ORDER MADE IN DATED : 06.03.2026 8/8