R.Rajesh Kanna v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.7843 of 2026 and W.M.P.(MD)No.6425 and 6427 of 2026 1.Rajesh Kanna 2.Divya Bharathi ... Petitioners Vs.

1.The District Collector, Office of the District Collector, Dindigul District, Dindigul.

2.The Municipal Commissioner, Office of the Municipal Commissioner, Kodaikanal Municipality, Lake Road, Kodaikanal, Dindigul District-624 601.

3.The Land Surveyor, Kodaikanal Taluk, Dindigul Distrcit.

4.Y.Nalin Kumar ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned notice issued by the second respondent in Na.Ka.No. 1/5

1316/2023 ef 1 dated 12.03.2026 quash the same as arbitrary and illegal and consequentially direct the third respondent to conduct survey and fix boundaries for the petitioners land situated in T.S.No.82, Block 14, Ward B, Kodaikanal Municipality, Dindigul District. For Petitioner : Ms.S.Modharshini For Respondents : Mr.J.Ashok (R1 & R3) Additional Government Pleader Mr.T.S.Mohammed Mohideen (R2) Standing Counsel

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) This writ petition has been filed challenging the eviction notice issued by the second respondent dated 12.03.2026 as arbitrary and illegal and for a consequential direction to the third respondent to conduct survey and fix boundaries for the petitioners's land situated in T.S.No.82, Block 14, Ward B, Kodaikanal Municipality, Dindigul District. 2.The learned Standing Counsel appearing for the second respondent would submit that they have already identified the encroachment and one R.Rajesh Kannan has filed a writ petition in WP. (MD)No.3533 of 2026, which was disposed on 09.02.2026 with a direction to remove the encroachment.

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3.The learned counsel appearing for the petitioners would submit that the petitioners have been given assignment patta in Na.Ka.No.8809/2014/Aa2 dated 27.08.2014 and they are not encroachers.

4.Considering the above submissions, the authorities concerned are directed to proceed with the action already initiated, in accordance with law, for removal of the encroachment and complete the entire exercise within a period of three months from the date of receipt of a copy of this order, after affording an opportunity to the petitioner as well as the private respondent. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 24.03.2026 Index :Yes/No Internet :Yes ta 3/5

To 1.The District Collector, Office of the District Collector, Dindigul District, Dindigul.

2.The Municipal Commissioner, Office of the Municipal Commissioner, Kodaikanal Municipality, Lake Road, Kodaikanal, Dindigul District-624 601.

3.The Land Surveyor, Kodaikanal Taluk, Dindigul Distrcit.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta W.P.(MD)No.7843 of 2026 24.03.2026 5/5