V.Devaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN V.Devaraj ... Petitioner vs.
1.The District Collector, Madurai District.
2.The Tahsildar, Usilampatti Taluk, Madurai District.
3.The Revenue Inspector, Uthappanayakanur Firka, Usilampatti, Madurai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent in Rc.No.2608058/2024/G3 dated 06.05.2025, which confirmed the Notice 6 dated 16.08.2024 passed by the second respondent and quash the same.
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For Petitioner : Mr.M.Divakaran For R1 to R3 : Mr.B.Saravanan Senior Counsel for Mr.M.P.Senthil Counsel for Government of Tamilnadu
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) Challenge has been made rejecting the appeal filed by the petitioner.
2. The main grievance of the petitioner is that he has been singled out for action, while other persons who have allegedly encroached upon the subject street have not been proceeded against. The petitioner further contends that the survey was not conducted properly. According to him, if a survey is conducted on both the front and rear sides of Survey No. 226/67, the alleged encroachments would be revealed. However, the authorities conducted the survey only on the front side of the said survey number.
3.The writ petition was filed seeking a direction to Respondents 1 to 3 to remove the encroachments allegedly made by Respondents 4 and 5 on the public 2/6
pathway comprised in Survey Nos. 226/67 and 226/16 situated at U. Maripatti Village, Uthappa Naickanur Post, Usilampatti Taluk, based on the representation submitted by the villagers on 29.07.2025.
4. The case of the petitioner is that Survey Nos. 226/16 and 226/67 at U. Maripatti Village, Uthappa Naickanur, are Government Poramboke lands, and that a road has been laid by the Village Panchayat in the said lands for the benefit and access of the villagers. It is alleged that Respondents 4 and 5 have encroached upon a portion of the said land by erecting a tin-sheet structure and thereby obstructing the public pathway. In this regard, the villagers submitted several representations dated 28.02.2024, 06.05.2024, 13.05.2024, 10.06.2024, and 29.07.2025 to the official respondents seeking action against the encroachers. Since no action was taken, the petitioner was constrained to file the present writ petition.
5. The learned counsel appearing for Respondents 1 to 4, on instructions, submitted that the authorities concerned would conduct a survey of the land in question in the presence of all interested parties. It was further submitted that 3/6
appropriate action would be taken for removal of any encroachment found during such survey.
6.In view of the above submission, this Court directed the authorities concerned to conduct a survey of both the front and rear sides of Survey No. 226/67 situated at U. Maripatti Village, Uthappa Naickanur, after issuing notice to the petitioner and all other interested parties, within a period of two weeks from the date of receipt of a copy of the order. If the survey reveals any encroachment, the authorities shall take appropriate action for removal of the same after affording an opportunity of personal hearing to all concerned parties and by following due process of law, within a period of three months thereafter. 7.With the above directions, the writ petition stands disposed of. No costs. [N.S.K.,J.] [M.J.R.,J.] 04.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 4/6
To 1.The District Collector, Madurai District.
2.The Tahsildar, Usilampatti Taluk, Madurai District.
3.The Revenue Inspector, Uthappanayakanur Firka, Usilampatti, Madurai District.
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N.SATHISH KUMAR , J.
and M.JOTHIRAMAN , J.
am ORDER MADE IN DATED : 04.06.2026 6/6