Madras High CourtWP(MD)/8732/2026dismissed

Ramanathan v. The Tahsildar/Monitoring Committee,

2026-03-30Honourable The Chief Justice,Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2026

CORAM:

THE HONOURABLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Ramanathan ... Petitioner -vs1.The Tahsildar / Monitoring Committee Aruppukottai Taluk Virudhunagar District 2.Marisamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to remove the stone pillars put up by the second respondent in the premises of Door No.1/92 (Survey No.110) of Kallupatti Village, Silukkuvarpatti, Aruppukottai Taluk, Virudhunagar District, within a time stipulated by this Court.

For Petitioner :

Mr.V.Sasi Kumar For Respondents :

Mr.D.Sasi Kumar Additional Government Pleader for R1

O R D E R

[Order of the Court was made by Mr.N.SATHISH KUMAR, J.] The petitioner seeks a direction to the first respondent to remove the stone pillars put up by the second respondent in the premises of Door No.1/92 (Survey No.110) of Kallupatti Village, Silukkuvarpatti, Aruppukottai Taluk, Virudhunagar District, on the ground that the stone pillars put up by the second respondent prevent the free access to the petitioner's property.

2. The very affidavit filed by the petitioner in support of the writ petition clearly shows that the subject property is a Natham Property. Such being the position, the question of invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905, does not arise. Hence, we do not find any merit in this writ petition.

3. Accordingly, this writ petition is dismissed. It is for the petitioner to work out his remedy against the alleged encroachment over the subject property or for any easementary right before the civil court concerned in accordance with law. No costs.

[SUSHRUT ARVIND DHARMADHIKARI, C.J.] [N.SATHISH KUMAR, J.] 30.03.2026 NCC : Yes / No Index : Yes / No krk To:

The Tahsildar / Monitoring Committee, Aruppukottai Taluk, Virudhunagar District.

THE HON'BLE CHIEF JUSTICE and N.SATHISH KUMAR , J.

krk 30.03.2026