J. Annammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN J.Annammal ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai East, Madurai.

3.The Block Development Officer, Madurai East Union, Madurai.

4. Marimuthu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 1/6

3 to remove the encroachments made by the 4th respondent in public pathway in Survey No.27/4,5,7 of SNS Nagar, Kadhakinaru Village, Madurai North Taluk, Madurai District.

For Petitioner : M/s.M.Sudharani For R1 & R2 : Mr.S.P.Maharajan Special Government Pleader For R3 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 3 to remove the encroachments made by the 4th respondent in public pathway in Survey No.27/4,5,7 of SNS Nagar, Kadhakinaru Village, Madurai North Taluk, Madurai District.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2/6

3. Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 & 2. Mr.J.Ashok, learned Additional Government Pleader takes notice for the third respondent. Considering the limited relief sought for by the petitioner, notice to the fourth respondent is dispensed with.

4. The main grievance of the petitioner is that though an extent of 4,400 sq.ft has been gifted in favour of the local body, gift deed in Document No.3936/2010 dated 17.09.2010, private respondents are encroached upon the same. In this regard, the petitioner submitted a representation dated 06.11.2025 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition. 5.The learned Special Government Pleader appearing for the respondents 1 & 2 3, on instructions, submitted that the petitioner's representation dated 06.11.2025 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of 3/6

all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6. In such view of the matter, the authorities concerned are directed to verify all the documents and conduct a survey in the place in question, after issuing notice to the petitioner, the respondent No.4, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.

7.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.] 22.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 4/6

To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai East, Madurai.

3.The Block Development Officer, Madurai East Union, Madurai.

5/6

N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 22.04.2026 6/6