Jeyam 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 and WMP(MD)No.11163 of 2026 Jeyam ... Petitioner Vs.

1. The District Collector,

2. The Thasildar, Thiruppuvanam Taluk,

3. The Block Development Officer(Village Panchayat), Thiruppuvanam Union Office, Thiruppuvanam Taluk, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to conduct survey of petitioner's land at Veeranendhal village, Thirupuvanam Taluk, Sivagangai District, bearing Survey No.185/4B2 in the light of his application vide petition No.2026/0123/23/000129 dated 12.01.2026 and consequently direct the 3rd respondent to defer the eviction drive relating to his notice vide Na.Ka.No.B5/907/2026 dated 21.05.2026 till the issuance of the survey report by the 2nd respondent.

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For Petitioner : Mr.N.Rajasekar For Respondents : 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.) The prayer in this writ petition is to issue a Writ of Mandamus, directing the 2nd respondent to conduct survey of petitioner's land at Veeranendhal village, Thirupuvanam Taluk, Sivagangai District, bearing Survey No.185/4B2 in the light of his application vide petition No.2026/0123/23/000129 dated 12.01.2026 and consequently direct the 3rd respondent to defer the eviction drive relating to his notice vide Na.Ka.No.B5/907/2026 dated 21.05.2026 till the issuance of the survey report by the 2nd respondent.

2. The grievance of the petitioner is that though the survey was conducted by the authorities as per the direction of this Court in W.P(MD)No.6344/2026, dated 02.04.2026, the said survey was conducted in his absence. Learned counsel would submit that it is suffice if the school building and the property of the petitioner are surveyed in the presence of the petitioner. During survey, if any encroachment of school land by the petitioner is found, the petitioner is ready to remove the encroachment and hand over the possession of the land. The said submission is recorded.

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3. Learned Counsel for the Government of Tamilnadu would fairly submit that though earlier survey was conducted without putting the petitioner on notice, the authorities are ready to conduct survey once again in the presence of the petitioner and during survey if any encroachment is found, the petitioner shall surrender vacant possession as agreed before this Court.

4. In that view of the matter, let the authorities conduct survey of the school building and the petitioner's property. During survey, if the authorities found any encroachment, let them take action by due process of law.

5. 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.] Index : Yes / No 04.06.2026 : Yes / No bala To

1. The District Collector, 3/5

2. The Thasildar, Thiruppuvanam Taluk,

3. The Block Development Officer(Village Panchayat), Thiruppuvanam Union Office, Thiruppuvanam Taluk, 4/5

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

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