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Madras High CourtWP(MD)/22053/2022disposed of

Arumugaperumal v. The District Collector

2026-01-08Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.22053 of 2022 G.Arumugaperumal ....Petitioner -Vs1.The District Collector Virudhunagar District Virudhunagar 2.The Tahsildar Rajapalayam Taluk/ Rajapalayam Virudhunagar District 3.The Samusingapuram Panchayat Rep.by its President Samsusigapuram Rajapalayam Taluk Virudhunagar District ....Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to restore the petitioner house site property to an extent of half cent situated in S.No.66/5A of Samusigapuram Village, purchased by the petitioner's father namely Gurunathan vide a registered sale deed in Document No.2999/1982 dated 13.12.1982 on the file of the Sub-Registrar Office, Rajapalayam based on the petitioner's representation dated 21.03.2022 and remainder representation 1/4

dated 20.04.2022 submitted to the respondents by registered posts within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader for R1 & R2 : No appearance for R3

ORDER

The present writ petition has been filed seeking a mandamus directing the 3rd respondent to restore the petitioner's house site property which is alleged to have been encroached by the 3rd respondent Panchayat. 2.According to the learned counsel for the writ petitioner, encroaching the petitioner's house site property, a drainage has been constructed with regard to inside the half cents of his private property. 3.The learned Special Government Pleader appearing for the second respondent submitted that in case if documents are produced establishing the title of the petitioner over Survey No.66/5A, they would initiate appropriate action.

4.In view of the above said submission, the petitioner is directed to approach the second respondent with all the records to establish his title over Survey No.66/5A of Samusigapuram Village. Thereafter, a survey may be conducted to find out, if the drainage has been constructed within the private 2/4

property of the petitioner. In case, if it is found that there is any encroachment, the same shall be removed.

5.With the above said observations, this writ petition stands disposed of. No costs.

08.01.2026 Internet : Yes/No Index : Yes/No NCC : Yes/No msa To 1.The District Collector Virudhunagar District Virudhunagar 2.The Tahsildar Rajapalayam Taluk/ Rajapalayam Virudhunagar District 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR, J.

msa Order made in W.P.(MD).No.22053 of 2022 08.01.2026 4/4