M.Manoharan v. The District Collector

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 and W.M.P(MD)No.6538 of 2026 M.Manoharan ... Petitioner vs.

1.The District Collector, Collectorate Building, Madurai District.

2.The Tahsildhar/ Monitoring Committee, O/o. The Tahsildhar, Madurai North Taluk, Madurai District.

3.The Block Development Officer, Madurai West Union, Oomachikulam, Madurai District.

4.R.Mayazhagu ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent No.1 to 3 to remove the encroachment made by the respondent No.4 in the 20ft public Road in S.No.16/5 Iranium Village, Madurai North Taluk, Madurai District within time frame stipulated by this Court. For Petitioner : Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates For Respondents : Mr.S.P.Maharajan (R1 & R2) Special Government Pleader : Mr.A.Kannan (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 the respondents 1 to 3 to remove the encroachment made by the fourth respondent on the 20-foot public road in S. No.16/5, Iranium Village, Madurai North Taluk, Madurai District.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2/6

3.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for respondents 1 and 2 and Mr. A. Kannan, learned Additional Government Pleader, accepts notice for the third respondent. Considering the limited relief sought by the petitioner, notice to the fourth respondent is dispensed with.

4.It is the contention of the petitioner that the fourth respondent has encroached upon the public road. Though the first respondent, vide proceedings dated 22.10.2025, directed the third respondent to remove the encroachment, the same has not been removed till date. Hence, the petitioner has filed the present Writ Petition.

5.The learned Special Government Pleader appearing for respondents 1 and 2 and the learned Additional Government Pleader appearing for the third respondent submitted that the authorities concerned would conduct a survey of the land in question in the presence of all the 3/6

parties concerned and, 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 fourth 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. 7.With the above directions, this Writ Petition stands disposed of. No costs. consequently, connected Miscellaneous Petition is closed. [N.S.K.,J.] [M.J.R.,J.] 25.03.2026 NCC : Yes / No Index : Yes / No 4/6

To 1.The District Collector, Collectorate Building, Madurai District.

2.The Tahsildhar/ Monitoring Committee, O/o. The Tahsildhar, Madurai North Taluk, Madurai District.

3.The Block Development Officer, Madurai West Union, Oomachikulam, Madurai District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 25.03.2026 6/6