V.Ganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN V.Ganesan ... Petitioner vs.

1.The District Collector, Periya Milaguppaarai, Trichy District.

2.The Sub Collector, Sri Rangam, Vannankovil, Dindukal Road, Trichy District.

3.The Thasildhar, Manapparai, Trichy District.

4.The Commissioner Vaiyampatti Union Office, Vaiyampatti Trichy District.

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5.Muthammal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1, 2, 3 to remove the encroachment made by the fifth respondent in SF.No.557/1 and 557/2 which is a Government poramboke situated in Vaiyampatti Village, Manapparai Taluk, Trichy District.

For Petitioner : Mr.S.Arivalagan For Respondents : Mr.J.Ashok (R1 to R3) Additional Government Pleader : Mr.A.Vadivel (R5)

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to respondents 1 to 3 to remove the encroachment allegedly made by the fifth respondent in Survey Field Nos.557/1 and 557/2, which are stated to be Government poramboke lands situated at Vaiyampatti Village, Manapparai Taluk, Trichy District.

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2.The contention of the petitioner is that the fifth respondent has encroached upon Survey Field Nos.557/1 and 557/2, which are stated to be a public pathway. The 'A' Register also indicates the same. In this regard, the petitioner submitted a representation dated 26.02.2026 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 3, on instructions, submitted that insofar as Survey No.557/1 is concerned, it is a private property. However, Survey No.557/2 is a Government property.

4.The learned counsel appearing for the fifth respondent submitted that the fifth respondent has filed a suit in O.S.No.220 of 2020 on the file of the Additional District Munsif Court, Manapparai, as against the petitioner herein and five others, seeking the relief of declaration and injunction, wherein the civil Court has granted a limited order of injunction 3/6

restraining eviction except by due process of law. 5.In such circumstances, the third respondent is directed to conduct a proper survey in the presence of all the parties, after issuing notice to the petitioner, the fifth respondent and other interested parties, if any, and demarcate the 'A' and 'B' Schedule properties. If it is found that the 'B' Schedule property is a Government property and that there is any encroachment therein, the same shall be removed by the authority concerned after affording sufficient opportunity of hearing to all the parties concerned, including the fifth respondent, and by following due process of law. Such an exercise shall be completed within a period of three 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.] 12.03.2026 NCC : Yes / No Index : Yes / No 4/6

ps To 1.The District Collector, Periya Milaguppaarai, Trichy District.

2.The Sub Collector, Sri Rangam, Vannankovil, Dindukal Road, Trichy District.

3.The Thasildhar, Manapparai, Trichy District.

4.The Commissioner Vaiyampatti Union Office, Vaiyampatti Trichy District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 12.03.2026 6/6