M. Rasheed Batcha v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.06.2026

CORAM

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

1. The District Collector / Monitoring Committee, Office of the District Collector, Madurai District - 625 020.

2. The Commissioner, Madurai Corporation, Arignar Anna Maaligai, Thallakulam, Madurai -625 002.

3. The Assistant Commissioner, Madurai Corporation East Zone, Madurai Corporation, Tahsildar Nagar, Vandiyur Road, Madurai- 625 020.

4. J.Jyothibasu ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 3 herein to remove the encroachments made by the 4th respondent in the common pathway comprised in old T.S.No.802/4, New S.F.No.146 and S.F.No.16 Block No.62, Ward No.1, situated at Iravathanallur, 1/4

East, Meenakshipuram, Madurai South Taluk, Madurai District by considering petitioner's representations dated 11.02.2026 and 02.06.2026 within the time stipulated by this Court.

For Petitioner : M/s.D.Farjana Ghoushia For R1 : Mr.M.S.Parthiban, Counsel for State For R2 & R3 : Mr.K.K.Kannan, Standing Counsel

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 Respondents 1 to 3 herein to remove the encroachments made by the 4th respondent in the common pathway comprised in old T.S.No.802/4, New S.F.No.146 and S.F.No.16 Block No.62, Ward No.1, situated at Iravathanallur, East, Meenakshipuram, Madurai South Taluk, Madurai District by considering petitioner's representations dated 11.02.2026 and 02.06.2026 within the time stipulated by this Court.

2. Learned counsel appearing for the respondents would submit that the authorities will conduct survey in the place in question and if there is any encroachment therein, after hearing both sides, appropriate action will be taken for removal of the same.

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3. In such a view of the matter, let the authorities issue notice to the petitioner and the private respondent, make survey of the place in question in their presence. If the survey/inspection reveals any encroachment, the authorities shall take steps to remove the same by due process of law after giving opportunity to both sides including the private respondent. Such an exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition is disposed of. No costs. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 19.06.2026 : Yes / No bala To

1. The District Collector / Monitoring Committee, Office of the District Collector, Madurai District - 625 020.

2. The Commissioner, Madurai Corporation, Arignar Anna Maaligai, Thallakulam, Madurai -625 002.

3. The Assistant Commissioner, Madurai Corporation East Zone, Madurai Corporation, Tahsildar Nagar, Vandiyur Road, Madurai- 625 020.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

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