Nagendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Nagendran ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Superintendent of Police, Madurai District, Madurai.

3. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Thirumangalam, Madurai.

4. The Tahsildar, Thirumangalam Taluk,

5. The Block Development Officer, Thirumangalam Panchayat Union, 1/6

6. The Inspector of Police, Thirumangalam Taluk Police Station,

7. Shanmugathai ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to remove the encroachment made by the 7th respondent in the public pathway available in S.No.46 of Alampatti Village, Thirumangalam Taluk, by considering the petitioner's representation dated 05.12.2025, within the time as fixed by this Court. For Petitioner : Mr.K.K.Samy For R1, R3 & R4 : Mr.D.Sasikumar Additional Government Pleader For R2 & R6 : Mr.K.Sanjay Gandhi Government Advocate (Crl.Side) For R5 : Mr.P.Thilakkumar Government Pleader

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Mandamus, directing the 4th respondent to remove the encroachment made by the 7th respondent in the public pathway available in S.No.46 of Alampatti Village, Thirumangalam Taluk, by considering the petitioner's representation dated 05.12.2025, within a time frame. 2/6

2.

Learned Additional Government Pleader appearing for the respondents 1 to 4, on instructions from the 4th respondent in Na.Ka.No. 813/2024/A4, dated 19.04.2026, submitted that pursuant to the representation of the petitioner dated Nil which was received on 11.12.2025, the 4th respondent / Tahsildar has directed the revenue authorities and surveyor to survey the land in Survey No.46/10 on 25.03.2026 at 11.00 a.m. However, since the Election Code of Conduct is in force in view of the upcoming Legislative Election, the authorities are unable to survey the subject land and after the election, such survey will be conducted and accordingly sought time to survey the land. 3.

Recording the said submission, the official respondents are directed to conduct survey and ascertain as to whether there is any encroachment in S.No.46 of Alampatti Village, Thirumangalam Taluk, by the 7th respondent as alleged by the petitioner. If so, such encroachment shall be removed by due process of law after affording opportunity to the private respondent and all other parties concerned. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

3/6

4.

With the above direction, the Writ Petition is disposed of. No costs.

[N.S.K., J.] & [M.J.R., J.] 20.04.2026 Index : Yes / No : Yes / No bala To

1. The District Collector, Madurai District, Madurai.

2. The Superintendent of Police, Madurai District, Madurai.

3. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Thirumangalam, Madurai.

4. The Tahsildar, Thirumangalam Taluk,

5. The Block Development Officer, Thirumangalam Panchayat Union, 4/6

6. The Inspector of Police, Thirumangalam Taluk Police Station, 5/6

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

20.04.2026 6/6