Manimarkandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.8223 of 2026 Manimarkandan ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Kamuthi Tahsildar Office, Ramanathapuram District.

3.The Block Development Officer, Kamuthi, Ramanathapuram District, 4.The Village Administrative Officer, Thavasikurichi Group Village, Kamuthi, Ramanathapuram District.

5. Pooranam

6. Annathai

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 4 Respondents to remove the encroachments made by the 5th and 6th respondents in the 1/5

public street namely Middle Street situated in Survey No.387/1 of Pasumpon village, Kamuthi Taluk, Ramanathapuram District by considering the petitioners representation dated 09.02.2026 and 03.03.2026.

For Petitioner : Mr.P.Muthukumar For R1 to R4 : Mr.J.Ashok Additional 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 Respondents 1 to 4 to remove the encroachments made by the 5th and 6th respondents in the public street namely Middle Street situated in Survey No.387/1 of Pasumpon village, Kamuthi Taluk, Ramanathapuram District by considering the petitioner's representation dated 09.02.2026 and 03.03.2026.

2.Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the respondents 1 to r. In view of the order proposed to be passed in this writ petition, notice to the respondents 5 & 6 is dispensed with.

2/5

3.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself. 4.The grievance of the petitioner is that the representation submitted by the petitioner to remove the encroachment made by the respondents 5 & 6 have encroached on the natham poramboke land, were not considered. Hence, the petitioner has filed this present writ petition. 5.The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that the petitioner's representation 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 respondents 5 & 6 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 3/5

concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing 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.] 26.03.2026 Index :Yes/No Internet :Yes am To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Kamuthi Tahsildar Office, Ramanathapuram District.

3.The Block Development Officer, Kamuthi, Ramanathapuram District, 4.The Village Administrative Officer, Thavasikurichi Group Village, Kamuthi, Ramanathapuram District, 4/5

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

am W.P.(MD)No.8223 of 2026 26.03.2026 5/5