Murugesan v. The District Collector / Monitoring Commitee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2026

CORAM:

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

1.The District Collector/Monitoring Committee, District Collector Office, Dindigul.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Dindigul.

3.The Block Development Officer, The Block Development Office, Kannivadi Union, Dindigul.

4.The Tahsildar, The Tahsildar's Office, Dindigul West Taluk, Dindigul.

1/6

5.Velusamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the official respondents herein to remove the encroachment made by the fifth respondent in the land comprised in Survey No.493 situated at Sirangadu Village, Dindigul West Taluk, Dindigul District by considering the petitioner's representation dated on 21.01.2026. For Petitioner : Mr.S.Harish For Respondents : Mr.D.Sasikumar (R1, R2 & R4) Additional Government Pleader : Mr.J.Ashok (R3) Additional Government Pleader

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 4 to remove the encroachment made by the fifth respondent on the land comprised in Survey No.493, situated at Sirangadu Village, Dindigul West Taluk, Dindigul District, by considering the petitioner's representation dated 21.01.2026. 2/6

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, 2, and 4, and Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the third respondent. Considering the limited relief sought by the petitioner, notice to the fifth respondent is dispensed with.

4.The petitioner contends that the fifth respondent has encroached upon the public pathway, which has been in continuous and regular use for transporting sugarcane and coconuts, and which serves as the only access to the landed property. In this regard, the petitioner submitted a representation dated 21.01.2026 to the authorities concerned. Since no action has been taken, the petitioner filed the present Writ Petition. 3/6

5.The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that the petitioner's representation dated 21.01.2026 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all parties. He further submitted that, if any encroachment is found, appropriate action would be taken to remove the same. 6.In view of the above, the authorities concerned are directed to conduct a survey of the land in question, after issuing notice to the petitioner, the fifth respondent, and all other interested parties, 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 shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all concerned and following due process of law, within a period of three months thereafter.

4/6

7.With the above directions, this Writ Petition stands disposed of. No costs.

[N.S.K.,J.] [M.J.R.,J.] 25.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector/Monitoring Committee, District Collector Office, Dindigul.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Dindigul.

3.The Block Development Officer, The Block Development Office, Kannivadi Union, Dindigul.

4.The Tahsildar, The Tahsildar's Office, Dindigul West Taluk, Dindigul.

5/6

N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 25.03.2026 6/6