Thangasamy v. The District Collector/ Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.06.2026
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Thangasamy ... Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Sub-Collector, Cheranmahadevi, Tirunelveli District, Tirunelveli.
3.The Tahsildar, Nanguneri Taluk, Tirunelveli District.
4.The Executive Officer, Thirukkurungudi Town Panchayat, Thirukkurungudi-627 115, Nanguneri Taluk, Tirunelveli District.
5.G.Inbaselan 6.Pathiramani 7.Ramesh ... Respondents 1/6
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue writ of Mandamus, to direct the respondents 3 & 4 to remove the unauthorized constructions put up by the respondents 5 to 7 in Channel Bund situated at Survey No.1115/1A1 of Thirukkurungudi Village, Nanguneri Taluk, Tirunelveli District and to remove the barbed wire fence put up by the fifth respondent within a time stipulated by this Court.
For Petitioner : Mr.V.Sasi Kumar For R1 to R4 : Mr.S.I.Muthiah, Counsel for State of TN.
ORDER
(Order of the Court was made by C.V.Karthikeyan, J.) This writ petition has been filed in the nature of Mandamus seeking a direction against the the respondents 3 and 4, namely, the Tahsildar, Nanguneri Taluk, Tirunelveli District, and the Executive Officer, Thirukurungudi Town Panchayat, Nanguneri, Tirunelveli District, to remove the alleged unauthorised constructions said to have 2/6
been put up by the respondents 5 to 7 in the irrigation channel bund in Survey No.1115/1A1 of Thirukurungudi Village, Nanguneri Taluk, Tirunelveli District, and also to remove the barbed wire fence said to have been put up by the fifth respondent.
2.In the affidavit filed in support of the writ petition, it has been contended that the fifth respondent is having nanja land measuring 0.07 hectares in Survey No.1115/1A1 of Thirukurungudi Village, Nanguneri Taluk. It is stated that the common pathway runs along the irrigation channel bund. It is further stated that the property of the fifth respondent is situated abutting the main road and that several agriculturists own lands situated behind the said property. The land of the petitioner is also stated to be situated on the northern side of the property of the fifth respondent. According to the petitioner, the agricultural lands are irrigated by the waters of the Thirukurungudi Periyakulam and Nagumalli Channel, and the fence put up by the 5th respondent is obstructing the irrigation channel bund.
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3.However, it is the contention of the respondents that the fifth respondent has put up the construction within his patta land and it is private property. The petitioner contends that the said construction is unauthorised. These are all disputed questions of fact which cannot be adjudicated in the writ proceedings. If the respondents have put up constructions within their private land and the petitioner has any grievance in that regard, it is not for this Court to examine the same in the present writ petition. The petitioner is at liberty to work out his remedies in the manner known to law before the appropriate forum. 4.With the above observation, the writ petition stands dismissed, even at the stage of admission. There shall be no order as to costs. [C.V.K., J.] & [R.S.V., J.] gns 30.06.2026 4/6
To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Sub-Collector, Cheranmahadevi, Tirunelveli District, Tirunelveli.
3.The Tahsildar, Nanguneri Taluk, Tirunelveli District.
4.The Executive Officer, Thirukkurungudi Town Panchayat, Thirukkurungudi-627 115, Nanguneri Taluk, Tirunelveli District.
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C.V.KARTHIKEYAN, J and R. SAKTHIVEL, J gns 30.06.2026 6/6