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Madras High CourtWP(MD)/9881/2026disposed of

Mayandi v. The Tahsildar

2026-04-09Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)No.7823 of 2026 Mayandi ... Petitioner Vs.

1. The Tahsildar, Bodinayakkanur,

2. The Block Developmental Officer, Panchayat Union Office, Bodinayakkanur,

3. The Firka Surveyor, Rasingapuram, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned proceedings of the 1st respondent in Na.Ka.No.1311/2026/A7 dated 17.03.2026 and 1/4

quash the same as illegal and consequently direct the respondents to conduct survey and thereafter demarcate the encroachment and then to proceed further by giving opportunity to the petitioner in a manner known to law.

For Petitioner : Mr.M.Jerin Mathew For R1 & R3 : Mr.D.Sasikumar Additional Government Pleader

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.) Though the petitioner has challenged the impugned communication dated 17.03.2026, whereby, the 1st respondent/Tahsildar directed the 2nd respondent/BDO to remove the encroachment mentioned in the said communication, today, when the matter was taken up for hearing, learned counsel for the petitioner would submit that it is suffice if survey is directed to be conducted in the presence of the petitioner and then the encroachment, if any by the petitioner may be removed by due process of law within a time frame.

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2.

Recording the above submission, the respondents are directed to conduct survey in the subject place in the presence of the petitioner. If it is found that the petitioner has made encroachment, then such encroachment shall be removed by due process of law after affording opportunity to the petitioner, within a period of one month from the date of receipt of a copy of this order. 3.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K., J.] & [M.J.R., J.] 09.04.2026 Index : Yes / No : Yes / No bala To

1. The Tahsildar, Bodinayakkanur,

2. The Block Developmental Officer, Panchayat Union Office, Bodinayakkanur, 3/4

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala

3. The Firka Surveyor, Rasingapuram, ORDER MADE IN DATED :

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