M.Assilar v. The Sub 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 M.Assilar ... Petitioner Vs.

1. The Sub Collector, Padmanabhapuram, Office at Thuckalay, Kanyakumari District.

2. The Tahsildhar Kalkulam Taluk, Kanyakumari District.

3. The Executive Officer, Villukuri Town Panchayat, Villukuri Post, Kanyakumari District.

4. M.Ramalingam S/o.Muthusamy Vice President of Villukuri Town Panchayat, Kalkulam Taluk, Kanyakumari District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, 1/4

directing the respondents 1 to 3 herein to remove the encroachment by erecting compound wall by the 4th respondent on the Government Road at Villukuri Town Panchayat, Kalkulam Taluk, Kanyakumari District by considering the petitioner's representation dated 19.03.2026. For Petitioner : Mr.S.Ramasamy For R1 & R2 : Mr.S.P.Maharajan Special Government Pleader For R3 : 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 respondents 1 to 3 herein to remove the encroachment by erecting compound wall by the 4th respondent on the Government Road at Villukuri Town Panchayat, Kalkulam Taluk, Kanyakumari District by considering the petitioner's representation dated 19.03.2026.

2.

Learned Government Pleader appearing for the 3rd respondent, on instructions, would submit that a survey was conducted 2/4

on 18.04.2026 in Survey No.498/18A2A and it was found that the alleged construction of compound wall by the 4th respondent is in existence for the past 30 years and it was constructed 30 years back after construction of drainage system by the 3rd respondent Town Panchayat. Adjacent to the residence of the 4th respondent, there are 60 residences and 75% of the said residences are having compound walls abutting the street and that the compound wall put up by the 4th respondent abutting the street, does not cause any hindrance to the public and traffic.

3. Recording the abovesaid submission, we are of the view that the present writ petition though styled as public interest litigation, it has been filed purely due to personal motive. Thus, we do not find any merit in this writ petition.

4. Accordingly, the Writ Petition is dismissed. No costs. [N.S.K., J.] & [M.J.R., J.] 20.04.2026 Index : Yes / No : Yes / No bala 3/4

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala To

1. The Sub Collector, Padmanabhapuram, Office at Thuckalay, Kanyakumari District.

2. The Tahsildhar Kalkulam Taluk, Kanyakumari District.

3. The Executive Officer, Villukuri Town Panchayat, Villukuri Post, Kanyakumari District.

ORDER MADE IN DATED :

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