David Raja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.7532 of 2026 David Raja ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Thiruchuli, Virudhunagar District.

4.Pathar Vellai

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to complete the proceedings in Oo.Mu.G2/L-104/2024 dated 05.12.2024 issued by the first respondent and consequently directing the respondents to remove the encroachment in street in Survey No.431 at Paralachi, Aruppukottai Taluk, Virudhunagar District made by the fourth respondent within a stipulated time as fixed by this Court. 1/5

For Petitioner : Mr.A.Dharani For Respondents : Mr.S.P.Maharajan (R1 to R3) Special Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed this writ petition seeking a direction to the official respondents to complete the proceedings in Oo.Mu.G2/L-104/2024 dated 05.12.2024 issued by the first respondent and to remove the encroachment in street in Survey No.431 at Paralachi, Aruppukottai Taluk, Virudhunagar District made by the fourth respondent.

2.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the respondents 1 to 3. In view of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.

3.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself. 2/5

4.The grievance of the petitioner is that the representation submitted by the petitioner to remove the encroachment made by the fourth respondent in the public street, was not considered. Hence, the petitioner has filed this present writ petition. 5.The learned Special Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner's representations would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6.In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, the fourth respondent and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing 3/5

to all the parties concerned and by following due process of law, within a period of three months thereafter.

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.] 18.03.2026 Index :Yes/No Internet :Yes ta To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Thiruchuli, Virudhunagar District.

4/5

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta W.P.(MD)No.7532 of 2026 18.03.2026 5/5